Phillips & Angley

What happens if a neighbor encroaches on my property?

When another party fails to recognize the boundaries of your personal or commercial property in Massachusetts, it can lead to complications and even legal disputes. This is especially true when someone puts up a structure on what is actually your property without permission. 

Encroachment happens when another person, business or other entity puts up a structure on a neighboring property. Sometimes, this is because the other party does not know where the boundary lines are, but in some cases, it is an intentional act. Regardless of the motivation behind the encroaching structure, you have the right to take action and protect your property rights.

What can you do about encroachment?

You may find that your neighbor's encroachment does not bother you, but as the rightful property owner, you have the right to take whatever action is necessary to remedy the situation. There are various ways you can effectively deal with encroachment on your residential or commercial property, and not all of them involve a legal dispute and litigation. Some of your options to remedy the situation include the following:

  • One of the simplest, yet effective, steps you can take when dealing with encroachment is to speak with the offending party. It may be possible that a simple conversation is enough to remedy the situation.
  • Speaking with the other party may not be enough to compel the other party to remove the encroaching structure. In these cases, you might consider offering to sell the property to the neighbor if it would be beneficial for you.
  • If other approaches do not work and the offending party will not remove the structure, you have the right to seek legal recourse by taking your case to court. You will have to prove you own the property and the neighbor's use of it is improper.

Dealing with boundary disputes and issues such as encroachment, you may find it beneficial to seek legal guidance regarding the best way to resolve this issue.

You can protect your property rights

Protecting your property rights can be complicated, but you are entitled to take whatever measures are necessary to shield your interests. Whether encroachment is affecting your use of your personal or residential property or your business operations, you do not have to deal with it on your own. A complete evaluation of your case and an explanation of applicable property laws can be a good way to better understand your rights and legal options.

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