In his backyard, a homeowner unwittingly built a garage that encroached two feet across the property line onto property owned by his neighbor. The next year, the homeowner discovered his error in the course of selling his property to a buyer. After the sale, the neighbor learned of the encroachment of the garage onto her property and sued the homeowner for damages and trespass. In this action, will the neighbor prevail

Question

22-06-2021
Business

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In his backyard, a homeowner unwittingly built a garage that encroached two feet across the property line onto property owned by his neighbor. The next year, the homeowner discovered his error in the course of selling his property to a buyer. After the sale, the neighbor learned of the encroachment of the garage onto her property and sued the homeowner for damages and trespass. In this action, will the neighbor prevail

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Answer: C) Yes, because the homeowner knew where the garage was located when he built it, even though he did not know where the property line was.

Explanation:

Encroachment refers to a scenario where a property owner builds a structure on the land of their neighbor. If a structure on the property of this owner also extends into the property of the neighbor, this is also considered encroachment.

Encroachment can either be intentional or unintentional but either of them can result in the offender being penalized. In the case of an unintentional encroachment such as this scenario, the property owner would still get panelized for knowing about the location of the structure and how it could have been encroaching even if they did not know that it was in fact, encroaching.