An encroachment is when a structure or object on one lot owner’s or occupier’s land extends beyond his boundaries and encroaches on the adjoining land of another.
For example, if your neighbour was to construct a shed that partially hangs over your land, or if they were to build a patio or a porch that hangs over your property line, this may be considered to be an encroachment onto your land.
Unless there is an easement or agreement already in place between the two land owners or occupiers, no person has the right to build any structure on his own land so that any part of that structure, no matter how small, will encroach onto adjoining land. Encroachment is not only limited to above ground structures or objects, but can also occur below the surface of the land.
As a property owner or occupier, an encroachment is an invasion of proprietary rights. Damages may be claimed for any loss suffered due to the encroachment.
Property law is very complicated, and the law of encroachment is no different. Our team of experienced property law solicitors can provide you with an assessment as to whether an encroachment exists in or over your property and whether or not you may have a claim for loss or damage suffered as a result of that encroachment. Being an all encompassing law practice and if such a claim exists, our litigation team can even assist you with filing and progressing your claim. We appear in all Courts, Tribunals and Arbitration proceedings on behalf of clients in all jurisdictions.
If you believe that you are suffering an encroachment from an adjoining property owner, or you believe that part of your property may be encroaching onto another’s land and wish to obtain information about your rights and obligations, please call us on (07) 5526 0157 to book a consultation and speak with an experienced property law solicitor.
