What is an encroachments clause?

An encroachment clause is a legal term used in property law in California. It describes a situation where a property line between two adjacent pieces of land is not exactly even or accurately measured. In this instance, one piece of land may unknowingly cross over onto the other, resulting in an encroachment. This clause helps to protect both parties from legal action if the encroachment is discovered. For example, a fence on one piece of land may be built too close to the property line and encroach upon the other. The encroachment clause allows the encroacher and the other property owner to agree to terms that are acceptable to both parties in order to avoid legal action. These terms can include compensation or the moving of the encroaching structure. The purpose of an encroachment clause is to document an agreement between the affected parties so both can be held liable in the event of any dispute. It also protects the rights of both parties in the case of any future disputes. The clause provides for a means of settling any disputes without having to resort to expensive legal action. As such, it is an important tool in protecting property rights in California.

Related FAQs

What is a deed of trust?
Who owns a property when it is jointly owned?
What is a reversionary interest?
What is an encroachments clause?
What is an implied easement?
What is the difference between a real right and a personal right?
What is an escheat?
What is a deed of restrictive covenant?
What is common law?
What is the difference between a restrictive covenant and a zoning ordinance?

What is an encroachments clause?

Related FAQs

Related Blog Posts