What is an encroachments clause?

An encroachments clause is a provision typically included in a deed or lease document in Massachusetts that protects a homeowner or tenant from claims of property infringement. It states that the property owner is not liable for any damages resulting from objects that unintentionally cross over onto the neighbor’s property, also known as an encroachment. This clause is intended to protect the property owner’s rights and avoid a costly legal battle, as either party could be held accountable for any encroaching objects. An example of an encroachment clause would be something like: “The owner of the property hereby releases any claim of liability for any structures, facilities, or other objects that may encroach upon the neighbor’s property, so long as the owner is making a good faith effort to correct the encroachments.” This clause helps to ensure that any disputes over encroaching structures are settled quickly and without costly litigation. In Massachusetts, an encroachments clause is an important part of any deed or lease document. It is important to follow state law and consult with a qualified real estate attorney to ensure that you have the proper encroachments clause included in your deed or lease document. Doing so can save you a lot of time, money and hassle if you face a dispute with your neighbor over an encroaching object.

Related FAQs

What is a deed of trust?
What is a lease?
What is the difference between a deed and a title?
What is a deed of trust?
What is an agreement to sell?
What is a landlord's duty to provide safe housing?
What are the elements of a valid deed?
What is adverse possession?
What is a deed of distribution?
What is the difference between a license and an easement?

What is an encroachments clause?

Related FAQs

Related Blog Posts