Property ownership, whether as a private landowner or a business owner, can be a thrilling concept. Having control over a plot of land to use, enjoy, and even profit from can be incredibly beneficial to the individual. However, property ownership may also come with challenges. While many pieces of property have physical markers to set boundaries, the actual property lines only exist on a map. This can lead to confusion, conflict, and disputes with neighbors over a property’s boundary lines.
One of the more common property line disputes is encroachment. Encroachment happens when a neighbor or other party begins building or extending structures on their property into yours. This can occur in numerous ways, sometimes even unintentional ones. Encroachments can lead to conflicts and strained relationships if handled improperly. They can be difficult to prove, especially when surveys and records are incomplete or outdated. As such, encroachments can quickly go from a simple dispute to a full legal battle if neighbors are unwilling to cooperate.
However, a skilled Johnson County, Tennessee civil disputes attorney from King Law Offices may be able to help. Consider reaching out to the office at (888) 748-KING for more details on a Johnson County encroachment dispute.
Tennessee Property Line Laws
For those dealing with a property line dispute, it can be helpful to review Tennessee’s property line laws and common violations. Understanding the exact nature of the encroachment or violation can help clarify who is at fault and how to resolve the issue. While property disputes may seem straightforward, there is much nuance to these situations and many possible avenues to pursue a solution. A skilled civil disputes attorney may be able to help evaluate these options and provide clear legal guidance.
Adverse Possession
When considering boundary disputes, it is important to determine how long the neighbors have used or possessed the property in question. This is because in Tennessee, if a party has adversely possessed a piece of property for seven or twenty years without legal action or challenge, they may be considered the rightful owner of the property by law. This is established by the Tennessee Code § 28-2-101. This rule may also be applicable in North Carolina. Therefore, ascertaining the length of the neighbor’s encroachment may clarify who is in the right.
Easements
Easements are another legal nuance that could impact encroachments. An easement, unlike encroachment, is generally a legal agreement between two parties to allow one access or use of certain aspects of the owner’s property. For example, many utility companies have easements for residential homes that allow them access to maintain powerlines or water mains that may run through the residential property. Some individuals in landlocked properties may have easements that allow them passage through another individual’s land to access roadways. Many easements come attached to the deeds to the land, which can lead many property owners to inherit them without proper awareness.
Encroachments
Lastly, encroachments are a direct violation of an individual’s property rights, which could be born out of ignorance or intentional action. According to Cornell Law School, these property line violations occur when a neighboring property owner begins building or allowing their property to cross boundary lines onto the individual’s property. This often looks like building fences further into a neighboring property, building an adjacent building, such as a shed, partially into another individual’s land, or allowing trees and overgrowth to extend over property lines.
An experienced Tennessee civil disputes attorney from King Law Offices may be able to help provide solutions to encroachment issues.
Legal Consequences of Encroachments
While encroachments can be bothersome and frustrating, particularly when they lead to conflicts with neighbors, there are many consequences of encroachments that can lead to financial damages for the property owner being encroached upon. Encroachments can devalue a property, depending on the size or extent of the encroachment. Legal complexities and conflicts may make the property less desirable for buyers. Additionally, some encroachments, like overgrowth or tree roots, can actually cause damage to existing structures and further devalue the property. This may also involve overhanging limbs of trees that could fall and lead to injury or property damage. Additionally, the legal conflicts and disputes between neighbors can cost individuals time and money to resolve.
Potential Solutions
One of the simplest and most effective strategies to deal with a troublesome encroachment is to talk with your neighbor. Many encroachments arise out of simple misunderstanding or a lack of accurate documentation of the property lines. Entering into open conversation without accusation or aggression may make the neighbor more inclined to hear the property owner’s point of view. With effective communication, a property owner may be able to avoid or remove an encroachment by coming to an agreement with their neighbor. This can help avoid conflict and the costs of a lengthy legal battle.
However, if the neighbor is unwilling to cooperate, further steps may be required. A helpful place to start may be reevaluating property surveys and finding accurate information regarding property lines. With effective documentation, a property owner may be able to clarify the borders of the adjoining properties and show the neighbor the nature of the encroachment. If this is ineffective, further action may be required. A skilled Tennessee civil disputes attorney may be able to assist in filing a complaint against the uncooperative neighbor. Seeking legal action may be a viable method of removing an encroachment on the property.
Speak to a Tennessee Civil Disputes Lawyer Today
Civil disputes such as encroachment or boundary disputes can be time-consuming, frustrating, and damaging to relationships with neighbors. However, if a neighbor is encroaching on your property, it may be wise to take action quickly to avoid the situation escalating. This is why understanding Tennessee, South Carolina, and North Carolina property laws is so crucial. Knowing the rights of property owners, as well as understanding how to gather accurate information regarding property lines, can help prevent encroachments and property line disputes before they escalate. A Tennessee civil disputes attorney may be able to help address these issues and provide the legal backing to navigate these conflicts effectively.
Consider scheduling a free initial consultation with a Tennessee civil disputes lawyer from King Law Offices. During this consultation, an attorney may be able to evaluate your claim and provide some legal insight. Call today at (888) 748-KING for more details.