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Click ‘Get Form’ to open the CONSENT OF ENCROACHMENT APPLICATION in the editor.
Begin by filling out Section A, providing the legal address of the encroachment and contact information for both the property owner and business owner. Ensure all names and addresses are accurate.
In Section 3, describe the encroachment clearly. If necessary, attach additional sheets for a detailed explanation.
Complete Section C by attaching a legal description of the property along with two scaled site plans that detail the proposed encroachment, including any obstacles.
If applicable, indicate whether your project is within a historical district in Section D and attach the required Certificate of Appropriateness.
Sign and date the application in the designated areas, ensuring that all signatures are notarized as required before submission.

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Versions	Form popularity	Fillable & printable
2016	4.5 Satisfied (54 Votes)
2011	4.8 Satisfied (177 Votes)
2010	4.9 Satisfied (57 Votes)

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What is the purpose of an encroachment agreement?

Property owners who are open to this type of compromise can negotiate an encroachment agreement, which is a formalized contract allowing the neighbor to continue using the encroached area under clear terms and conditions, such as maintenance responsibilities and liability protections.

What happens if a survey shows an encroachment?

Go To Court With The Encroachment At this point, its probably a good idea to get a real estate attorney involved. A judge may grant an easement or make a judgment on the value of the encroached property for the purposes of a sale.

How to file a property encroachment?

A property owner may file a lawsuit to seek a court order requiring the removal of the encroachment or to obtain compensation for any damages caused by the encroachment. In some cases, the court may also issue an injunction preventing the encroaching party from continuing to use the disputed land.

What is the purpose of encroachment?

In real estate, encroachment means one property owner is violating the rights of another by building on or extending a structure to the neighbors land or property intentionally or otherwise. Encroachment can be a problem along disputed property lines.

What to do if a neighbor is encroaching on your property?

When a neighbor encroaches on your property, start by reviewing your survey and property deed. Communicate concerns clearly and document all interactions. If the neighbor refuses to remove structures like retaining walls or sheds, legal options include seeking a boundary agreement or filing a quiet title action.