Encroachment This, Encroachment That: Beyond Definitions
Sometimes, boundary line mix-ups happen when it comes to property. Maybe the initial land surveyor mucked up. Maybe water erosion changed a boundary line. Or maybe your neighbor plain just wasn’t paying adequate attention.
It probably comes as no surprise that misunderstands happen.The real surprise may come in the myriad of different varieties of encroachments. Not all of them even manifest physically. Check this out.
An encroachment is an illegal intrusion of some kind onto the property of another when boiled down to its simplest definition. An obstruction doesn’t even need to exist when it comes down to intrusion onto a highway or a navigable river. The simple fact that it is an illegal intrusion is enough. A fixture needs to exist for a street or highway to be encroached upon. A wall or fence will suffice. You’ve got yourself an encroachment, as long as it illegally intrudes into or invades the property of another in some way.
You’ll also have to worry about adverse possession while dealing with an encroachment. Even if they don’t currently hold a legal title to it, adverse possession helps allow an intruder to claim title to a parcel or portion of land. Many factors are required to quiet title, a term lawyers use to mean obtaining a title to land. Open, notorious, continuous and hostile possession for a statutory period of time are all adverse possession components. The statutory period for adverse possession to take effect varies by state. In order to ensure this does not happen to you, quick and effective measures need to be taken. You may also want to obtain legal advice in order to know how best to proceed.
As a fun little fact, there’s also something called a temporal encroachment. Instead of being an actual structure, this is actually an action that affects a person’s perception of time. In the alternative, it can also affect a person’s ability to take action in the future. The next time that annoying co-worker of yours decides to gossip for 20 minutes at your desk, you can tell them to stop temporally encroaching on your work day. See how that goes over with them!
Searching for real estate in Nederland CO or considering to buy Lyons CO real estate? You can find more information and access real estate listings from any region or city in Colorado.
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