You own land on which you built your house. However, you realize that your neighbor’s construction is encroaching on your property. You had a house built on your land and you rented it. You learn from one of your neighbors that your tenant has built a structure on your land. These are situations that our lawyers encounter daily. You do not know what your remedies are for challenging this irregular construction or encroachment?
Violation of the right of property: what are your rights?
As a result of an overflow real estate attorney austin tx on your property or an irregular construction on your fund, you wish to act. You do not know what is the difference between construction on someone else’s floor and encroachment on someone else’s ground ? Especially since you do not know your rights in this matter. Know that in principle, you have a right of ownership on your land, which is protected by the Declaration of Human Rights and Citizen. This right of ownership gives you “the right to enjoy and dispose of things in the most absolute way “
What penalties for irregular construction or encroachment on your property? Real estate lawyer advises you
Litigation happens very quickly: your neighbor has built a garden shed on your land or, you can see by cutting the hedges that the building built next to your land encroaches on your garden. It is necessary to know how to make a difference to understand the various recourses that you can engage.
The construction on the ground of others corresponds to the construction by a third of permanent work on your ground. It is defined and governed by article 555 of the Civil Code. On the other hand, the encroachment consists of an extension on your property of the existing construction on the neighboring parcel. The latter is governed by article 545 of the Civil Code.
In all these situations, it is possible to sanction the infringement of the right of ownership (land or movable) and to take legal action. If you wish to make such a challenge (or deal with it), calling in an expert lawyer in real estate and construction law will be an essential asset to expose you to your options and protect your interests.
Construction built by a third party on the soil of others: how to get compensation?
One-third built a new book on your land when he knew it was not his? Your tenant has done work with your agreement? You can face multiple situations in which you will have to settle your relationship with a third party regarding your land.