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Ways to resolve a land encroachment

In real estate terms, an encroachment occurs when a homeowner builds a new structure onto another person's property. One way for California homeowners to deal with the issue is to not make an issue of it at all. This may be a good way to preserve relationships with neighbors. However, the encroachment is something that an individual will want to disclose to a future buyer if the house is ever put up for sale.

In most other cases, it may be a good idea to talk to an offending neighbor about the issue. This may lead to a resolution without the need to go to court, hire attorneys and pay legal fees. It may also keep stress levels to a minimum, which may make it easier to find a solution in a calm and rational manner. In some cases, it may be possible to sell the land that has been encroached on and actually profit from the neighbor's error.

If it is not possible to resolve the issue amicably, it may be necessary to go to court. In such a scenario, it is necessary to prove first that the plaintiff actually owns the land in question. Second, he or she would have to prove that the land is being used improperly and ask for an ejectment action.

Those who are involved in these or other types of neighbor disputes may benefit from talking to an attorney. Legal counsel can advise clients of their rights as well as solutions to resolving the matter. It is possible that a case may be resolved out of court in a relatively painless manner.

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