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Agreement Between Adjoining Landowners Regarding Encroachment of a BuildingAgreement made on the day of , 20 , between (Name of First Property Owner) of (street address, city, county, state, zip code),

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Can you sue for encroachment?

No. If you encroach upon your neighbor's land, then your encroachment is a trespass. Although he can sue you for trespass, your neighbor will not automatically have legal title to the part of your building that is on his land.

What is an encroachment or violation of a law?

Encroachment. An illegal intrusion in a highway or navigable river, with or without obstruction. In the law of easements, where the owner of an easement alters the dominant tenement so as to impose an additional restriction or burden on the servient tenement, he or she is said to commit an encroachment.

When might an encroachment become an easement?

In such an agreement ("Encroachment Agreement"), the parties purport to bind and benefit the respective future owners of the two properties and will usually describe the rights or interests granted to the Dominant Tenement Owner (and its successors in title) as an easement.

Can you trespass on an easement?

If someone drives across a neighbor's land every day, it is a trespass unless the owner has granted permission or the driver has a legal right, called an easement, to use that part of the neighbor's property (see "Easements," below.) But there's a chance that any of them may in fact have a legal claim to the property.

Is an encroachment and encumbrance?

Encroachment VS Encumbrance. An encroachment is an unauthorized intrusion of one property onto another, and it is an encumbrance on both properties until court action or agreement resolves the issue.

Can you sue for encroachment?

No. If you encroach upon your neighbor's land, then your encroachment is a trespass. Although he can sue you for trespass, your neighbor will not automatically have legal title to the part of your building that is on his land.

What is an encroachment or violation of a law?

Encroachment. An illegal intrusion in a highway or navigable river, with or without obstruction. In the law of easements, where the owner of an easement alters the dominant tenement so as to impose an additional restriction or burden on the servient tenement, he or she is said to commit an encroachment.

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