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Encroachment Agreements

by | Jan 17, 2019

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An encroachment agreement can be a handy tool to resolve a situation in which one property owner’s structure (house, garage, barn, shed, deck, retaining wall, or outbuilding) is encroaching on an adjacent property owner’s land. Eaves, gutters, driveways, and troughs can also encroach on another property.

Legally binding, an encroachment agreement allows the encroachment to remain, so that it doesn’t have to be moved or torn down, and no new property boundary lines need to be drawn.

In an encroachment agreement, each property owner keeps their property, despite the encroachment.

Typically, an encroachment agreement will include an acknowledgement and description of the encroachment, as well as the resolution. Once an encroachment agreement is signed and properly registered, it “travels” with the land (both pieces of property), remains on the Certificates of Title, and is binding on subsequent owners.

Encroachments are often discovered after one of the properties impacted by the encroachment changes hands and/or when a professional land survey is completed. If an encroachment isn’t discovered or dealt with in a timely fashion, it could become an “easement by prescription” that could lower the property’s value.

If you have an encroachment on your property, if one of your structures is encroaching on someone else’s property, or if you’d like to have an encroachment agreement drafted or reviewed, one of our experienced, local real estate attorneys can help you.

At Timely Contract, we have local real estate attorneys who have experience throughout Idaho, including: Boise, Post Falls, Coeur d’Alene, Lewiston, Moscow, and Sandpoint.

We also have local real estate attorneys who have experience throughout Montana, including: Missoula, Billings, Bozeman, and Kalispell.

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