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What is encroachment and how can it be remedied?

On Behalf of | May 3, 2022 | Commercial Real Estate |

Buying a new home is exciting for any Michigan resident. However, it’s important to understand the issue of encroachment and how it can be remedied.

What is encroachment?

Encroachment is a common issue in real estate that occurs when something you own violates your neighbor’s property by invading the property line. Sometimes, it’s accidental, but other times, it might be deliberate. If neighbors have a dispute about property lines, one person might build a structure in that area.

Encroachment can be minor or major. A plant might suddenly begin creeping over onto a neighbor’s property sprouting flowers. A major encroachment would be something much bigger such as a shed being built across the property line.

What are the issues caused by encroachment?

Certain issues might arise with encroachment. It can mean that the property owner might be considered liable for problems such as damage to a structure that crosses over onto their land. The neighbor could sue for damages through the other person’s homeowner’s insurance policy. Even if the damage was not caused by the other property owner and that person did not use the item causing the encroachment, they might still be held liable.

Another issue that can arise from encroachment is that it can affect the resale value of real property. Some people have a big problem with structures or plants intruding onto their property. It could force them to pay more for title insurance in the event of a problem occurring with the encroachment. Some prospective homebuyers might even flat-out refuse to consider buying the property because of the encroachment. Others might still consider buying but insist on paying less.

Encroachment can be a major issue for some people. It’s important to fight for your rights.