CHAPTER ONE - ENCROACHMENTS

Question 1

____- An unlawful intrusion onto another’s adjacent property by improvements to real property, e.g., a swimming pool built across a property line.

BEST THING TO DO IN AN ARGUMENT IS TO SURVEY THE LAND

Answer 1

Encroachment

Question 2

If a neighbor is not willing or able to remove the encroachment, he or she may be willing to purchase the encroached upon land.

or you can go to court and get a ___ ___ action - or ejectment action against the neighbor

Answer 2

quiet title action

Question 3

When one neighbor has been improperly using another neighbor’s property for a long time, it is possible that the court could find, “___ possession” and the neighbor whose improvement stated the whole thing could prevail.

Answer 3

adverse possession

Question 4

One possible outcome of taking the encroachment matter to court is an “easement by ___” The court may grant rights to the property owner whose improvement encroached on their neighbor. Ex: a fence built in the wrong location.

Answer 4

prescription

for prescriptive easement - the land has to be open, notorious, hostile and continuous for a period of years.