encroachment | firsttuesday Journal

Drawing the Line and Balancing Hardships

by ft Editorial Staff | Dec 30, 2022 | Feature Articles, Real Estate, Video | 0

This video covers resolving a boundary dispute and the criteria for balancing hardships.

Statute of Limitations

by ft Editorial Staff | Dec 23, 2022 | Feature Articles, Real Estate, Video | 0

The three-year statute of limitations which runs from the commencement of the encroachment when an owner seeks to terminate an encroachment or recover money losses.

Encroachment, Trespass and Nuisance

by ft Editorial Staff | Dec 19, 2022 | Feature Articles, Real Estate, Video | 0

Comparing and contrasting an encroachment, trespass, nuisance and boundary dispute.

Encroachments: Crossing the Line

by ft Editorial Staff | Dec 12, 2022 | Feature Articles, Real Estate, Video | 0

The first episode in our new video series dramatizes improvements on real estate which extend onto real estate belonging to another person without their consent.

Is the buyer of a property subject to an encroachment able to remove the encroachment?

by Ashley Collins | Sep 15, 2022 | Features, Recent Case Decisions | 0

Romero v. Shih

Word-of-the-Week: Encroachment

by Emily Kordys | Dec 21, 2020 | Real Estate, Video | 0

What is an encroachment? An encroachment is an...

Does a fence that is not costly to move constitute a permanent encroachment?

by Bethany Correia | Jul 14, 2020 | Real Estate, Recent Case Decisions | 0

Madani v. Rabinowitz

May a property owner who uses neighboring property with the consent of their neighbor retain use of the area after the neighbor’s property is sold?

by Benjamin J. Smith | Aug 12, 2019 | Real Estate, Recent Case Decisions | 0

Shoen v. Zacarias Facts: A property owner renovates an area outside their property line. The...

May a property developer receive monetary compensation for land they dedicated to the government without a formal deed?

by Benjamin J. Smith | Apr 15, 2019 | Real Estate, Recent Case Decisions | 0

Prout v. Department of Transportation Facts: A land developer dedicates a highway-adjacent parcel...

Can a negligently encroaching land owner seek a prescriptive easement over the neighboring property?

by Oscar Alvarez | Jun 4, 2018 | Real Estate, Recent Case Decisions | 1

Hansen v Sandridge Partners, L.P. Facts: Without confirming the boundary of their property, a...

Can a property owner in a homeowners’ association (HOA) community obtain title of association property through adverse possession without paying taxes on the disputed property?

by ft Editorial Staff | Nov 15, 2016 | Real Estate, Recent Case Decisions | 0

An owner of property in a homeowner’s association (HOA) community attempts to obtain common association property through adverse possession claiming they are excused from meeting the requirement of paying taxes on the disputed property.