Expert Real Estate Law Guidance and Representation
Boundary lines should be clear, but in the real world, they’re often the source of confusion and conflict. Maybe your neighbor’s new construction project has spilled into your backyard, or perhaps a fence line is creating a territorial standoff. Encroachment disputes can feel overwhelming, but you don’t have to face them alone. At Tempus Fugit Law, we help property owners navigate these challenges with confidence, offering practical solutions and expert legal support every step of the way.
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What Is an Encroachment Dispute?
Encroachment occurs when a neighbor’s structure, fence, driveway or other feature extends onto your property without permission. This could involve:
- A shed or garage built partially on your land.
- A fence installed beyond the rightful property line.
- Landscaping elements, such as trees or retaining walls, encroaching on your space.
Encroachments are particularly tricky because they not only impact your use and enjoyment of the property but can also complicate future transactions, such as selling or refinancing your home.
Your Legal Rights in Encroachment Disputes
As a property owner, you have the right to the full enjoyment of your land within the boundaries defined in your title deed or survey. If a neighbor’s encroachment infringes on this right, you may be entitled to legal remedies. These may include:
- Injunctive relief: A court order requiring the encroachment to be removed.
- Damages: Financial compensation for the loss of property use or diminished value.
- Adverse possession: In some cases, if the encroachment has existed for a statutory period and the neighbor meets certain legal criteria, they may claim ownership of the disputed area. Understanding this possibility is crucial when addressing long-standing disputes.
Steps to Resolve Encroachment Disputes
Resolving an encroachment issue often involves tactful negotiation and legal expertise. Here’s how Tempus Fugit Law can guide you through the process:
- Documentation and Surveying
Accurate documentation is essential. We’ll review your title, past surveys, and any relevant agreements. If necessary, we’ll help you commission a new survey to establish the precise boundary. - Open Communication
Many disputes can be resolved amicably through direct discussion. Our team can facilitate negotiations to explore mutually acceptable solutions, such as relocating structures or compensating for the encroachment. - Mediation and Alternative Dispute Resolution (ADR)
When direct negotiations fail, mediation or ADR can provide a structured environment to resolve disputes without the cost and stress of litigation. - Litigation
If no agreement is reached, litigation may be the only recourse. Our experienced attorneys will represent your interests in court. We attain favorable resolutions by asserting your legal rights and backing them up with available evidence.
Preventing Future Boundary Disputes
Proactively addressing potential boundary issues can save you time, money and frustration in the future. Consider:
- Professional surveys: Conduct a thorough survey before making property improvements.
- Clear agreements: Document shared use or maintenance of boundary structures, such as fences or driveways, in writing.
- Open communication: Maintain a positive relationship with your neighbors to address concerns early.
Why Choose Tempus Fugit Law?
At Tempus Fugit Law, we combine in-depth legal knowledge with a client-centered approach. We understand that boundary disputes are more than legal matters – they’re personal challenges that affect your home, peace of mind and financial security. Whether you’re looking to negotiate a fair resolution or pursue your rights in court, we’ll be with you every step of the way.
If you’re facing an encroachment or other property boundary dispute, call (617) 752-2371, email team@tflawllc.com or contact us here on our website for to discuss your options with a legal professional.
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