Practical, Efficient And Personable Legal Services

Let Our Encroachment Dispute Attorneys Answer Your Questions

The residential real estate attorneys at LGA Law have extensive experience in a wide range of real estate matters, including encroachment disputes. With offices in Canonsburg, Pennsylvania, and Fort Walton Beach, Florida, our lawyers are licensed to practice in Pennsylvania, Ohio, Virginia, West Virginia, Texas, New Mexico, Alabama and Florida. For answers to your specific encroachment questions, please call us at 724-271-8300 or 850-374-8549, or contact us by email.

What is encroachment in real estate?

Encroachment occurs when one property owner builds or extends a structure onto the property of another without permission. This can include physical structures like a building, fence, shed or even trees and landscaping. Our real estate attorneys have experience in resolving encroachment matters for residential properties and commercial properties.

How is encroachment discovered?

Encroachment is often discovered during a property survey, which is typically performed when property is being bought or sold, or when a new construction is planned. Encroachment can also be noticed by property owners observing changes or new constructions near property boundaries.

What can I do if my neighbor has encroached on my property?

If you discover that your neighbor has encroached on your property, the first step is usually to have a friendly conversation with them to see if the matter can be resolved amicably. If that doesn’t work, encroachment attorneys can help you resolve the dispute. It may be necessary to send a formal letter or involve mediators. In some cases, it may be necessary to take legal action and resolve the matter in court.

Can an encroachment become permanent?

Yes, through a legal principle called adverse possession, if an encroachment is not contested for a certain period of time (which varies by jurisdiction), the encroaching party may be able to claim legal title to the area of the property they have taken over. To prevent this, property owners should address any encroachment issues as soon as they become aware of them.

What is an encroachment agreement?

An encroachment agreement is a legal contract between neighboring property owners where the encroached-upon owner grants permission for the encroachment to remain on their property under certain conditions. This agreement can outline terms of maintenance, responsibility and conditions under which the encroachment must be removed.

How does encroachment affect property value?

Encroachment can negatively affect property value as it may lead to legal disputes, reduce the usable space of the property and create complications for future transactions. Resolving encroachment issues is important for maintaining the property’s value.

What is the difference between encroachment and easement?

Encroachment is unauthorized use of another’s property, while an easement is a legal right to use another’s land for a specific, limited purpose, and is usually granted officially and with the property owner’s consent. Easements are often recorded on the property’s title and can be for things like utilities, access roads or shared driveways.

Contact LGA Law Today

If you have questions or concerns regarding encroachment or easements, please contact us in Pennsylvania at 724-271-8300 or in Florida at 850-374-8549, or complete our contact form. Our encroachment attorneys can assess your specific situation and explain your options for resolving your encroachment concerns.