Dealing with Unauthorized Construction on Your Property: What You Need to Know

No one wants to find out that a neighbor has inadvertently or intentionally built on part of your property. This situation can be tricky and often requires a combination of legal and communicative approaches to resolve. Here's a guide on how to handle the situation effectively.

Identifying the Issue

The first step is to confirm whether there is a boundary dispute and whether your neighbor has indeed encroached on your property. If you're uncertain, obtain a fresh and accurate survey of your property. This survey will provide a clear picture of your land's boundaries and allow you to verify the extent of the encroachment.

Immediate Action: Sending a Notice

If you're certain about the encroachment, the next step is to formally notify your neighbor in writing. Send the notice via certified mail to ensure it's received. This document should clearly state that the construction on your property is unauthorized and request its removal.

Communicating with Your Neighbor

Before you escalate the situation to involve building authorities or consult with a lawyer, it's wise to approach your neighbor first. If your neighbor has a survey that clearly shows the construction is on their own land, there's no further action needed. However, if it turns out that the construction is on your property, you have several options:

Request compensation for the use of your land. Ask your neighbor to dismantle the structure and remove it entirely.

Remember, unresolved issues can escalate over time, which may give your neighbor potential legal rights, such as adverse possession, to the unauthorized construction.

Legal Involvement

If informal communication fails or if the encroachment is significant, involve your city's building code enforcement office. They have the authority to investigate and address violations of local building codes and land use regulations.

Timing and Documentation

Do not delay in taking action, as the longer you wait, the more time your neighbor has to establish 'squatter's rights' through adverse possession. Seven years is a common timeframe in many states for adverse possession, but this can vary. Seek legal advice promptly to understand the specific timeline in your jurisdiction.

Conclusion

Dealing with unauthorized construction on your property requires a structured approach. Start with a thorough survey, communicate clearly with your neighbor, and consult with professionals if necessary. Taking prompt action is crucial, as it can significantly impact your legal rights and the outcome of the dispute.