Property encroachment

Question Details: Just had my empty lot surveyed so I can sell it neighbors on both sides have encroached one just a small portion of driveway..other is fence 20 ft over lines as well as eaves of house. Was planning on speaking with both people first but what are legalities if that doesn't work

Asked 7/21/2009 under Real Estate | 622 View(s) | More Legal Topics

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Leonard Jordan / Berry, Quackenbush & Stuart Answered 2 years ago | Contributor This attorney is licensed in South Carolina

Be careful that adverse possession does not apply--requires adverse use of property for 10 years.

Speak with the neighbors.  Show them the new plat.  It would be helpful if the surveyor marked the boundary lines on the ground.  If they refuse to end the encroachment, litigation may be the only option to correct the problem.

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