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Proper ways to handle encroachment

Though you hope to be at peace with your neighbors, issues may arise over time. In certain instances, such as cases of encroachment, it is important for landowners to understand their rights in regards to real estate.

If a neighbor is infringing on your land, you should consider your options before acting. There are a few different ways to handle encroachment.

Communicate

Sometimes, people may be able to find resolutions to issues by simply talking it out. Especially when properties border each other, it may be possible that a neighbor does not realize he or she is encroaching, or may not know that the encroachment along the border is bothersome. Many neighbors can receive a respectful conversation well and will be more than happy to address the issue civilly.

Consider selling

If the encroachment is not moveable, or the neighbor would simply prefer not moving it, landowners may consider selling the land to the neighbor. This would help to eliminate any possible property issues in the future. Also, it could allow both parties to gain from the situation; the original landowner receives compensation and the new landowner receives rights to the additional land.

Handle it in court

In the case that neighbors are not able to come to an agreement, it may be necessary to resolve the issue through court. Landowners should familiarize themselves with Connecticut's real estate laws to ensure they understand their rights. It can be important to for them to gather evidence showing their right to the property, and that the neighbor does not have rights to the property. This may seem like a given, but if the encroachment is in place for a long period of time and the neighbor can make an argument that the landowner allowed it, the courts could decide in favor of the neighbor. 

By understanding the different approaches to responding to encroachment, you can select the best option for you. For further clarity, it may be beneficial to speak with a knowledgeable attorney.

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