- Embracing my neighbor on my land, the different scenarios
- Possible actions if my neighbor encroaches on my land
- The possible outcomes to actions of recourse against my neighbor who encroaches on my ground
As a homeowner, sometimes some neighbors do not respect separation limits and encroach on your property. What situations can you encounter? How to assert your rights? what are the solutions? Explanations.
My neighbor encroaches on my land: What recourse? What procedures can I bring?
Embracing my neighbor on my land, the different scenarios
The encroachment of a neighbor on your property can take many forms.
The most common are distances and the minimum heights of the constructions relative to the property boundaries. These include, for example, partition walls erected in part on your property, hedges planted at the very edge of property, or unauthorized dwellings within 3 meters of your home (this distance, however, varies from one commune to another. to the other).
Failure to maintain tree and shrub maintenance obligations is also a widespread encroachment. It materializes especially if your neighbor does not cut his plants that exceed your property (causing untimely shade and green waste on your land), or if they proceed to their maintenance by entering your home without asking for prior agreement.
Possible actions if my neighbor encroaches on my land
Several remedies are possible if your neighbor encroaches on your land.
The first and simplest is to calmly discuss the problem with your neighbor. If it is respectful enough and in good faith, you will find a quick way out and without damaging your relationship. It is thus recommended to act without delay as soon as the encroachment is noticed, on the one hand to avoid that your neighbor does not consider the situation as an acquired one even if it is in his wrong, on the other hand because there are delays of recourse according to the nature of the encroachment.
Mail sent by registered mail with acknowledgment of receipt may also be useful, especially if you do not particularly have good contact with your neighbor.
The use of a mediator can then be an alternative solution before having to assert your rights in court. In this case, you can inquire at your town hall. An appointment between the parties will then be organized by the mediator, with a view to an amicable agreement between your neighbor and yourself.
Finally, if no discussion is possible with your neighbor, you can then go to the court of first instance where your home depends in order to obtain a judicial answer to your dispute. However, justice is recommended as a last resort because it is often a lengthy procedure, which can take many, many years and is expensive.
The possible outcomes to actions of recourse against my neighbor who encroaches on my ground
A conflict of encroachment of your neighbor on your property may have several issues.
The amicable agreement in the presence of a mediator is materialized by a writing, which specifies the reciprocal commitments made by each neighbor.
The judicial decision, if it can be a simple reminder to the Act, may also, in the most extreme situations, result in the modification or destruction of the work encroaching on your land, together with reimbursement of legal costs, a fine, a penalty payment or damages.