If you`re a property owner in Edmonton, you may have come across the term “encroachment agreement”. This legal document is crucial for resolving conflicts and disputes that arise when two neighbouring properties overlap. Here`s what you need to know about encroachment agreements in Edmonton.
First and foremost, an encroachment happens when a structure or feature of one property extends onto another property. Common examples include fences, decks, driveways, and trees. Encroachments can happen due to many reasons, such as inaccurate property line surveys, neighbourly agreements that were never formalized, or intentional trespassing.
Encroachments can be a source of major headaches for both property owners involved. They can lead to conflicts over property rights, boundary disputes, and even legal action. This is where an encroachment agreement comes in.
An encroachment agreement is a legal agreement between two parties that sets out the terms of the encroachment. It typically involves the following elements:
– A description of the encroachment, including its nature, location, and size
– The duration of the encroachment
– A compensation clause, if one party is required to pay the other for the encroachment
– A liability clause, which outlines who is responsible for any damages or injuries that may occur due to the encroachment
– A dispute resolution mechanism, such as mediation or arbitration
In Edmonton, encroachment agreements are typically handled by the City of Edmonton`s Planning and Development Department. Property owners can apply for an encroachment agreement by submitting an application, which includes a fee and a detailed description of the encroachment. The City will review the application and may conduct a site visit to assess the encroachment.
Once the encroachment agreement is approved, it becomes a legally binding document. This means that both parties are obligated to abide by its terms and conditions. If either party breaches the agreement, the other party can seek legal action to enforce it.
It`s important to note that encroachment agreements are not the same as easements. An easement is a legal right that allows one party to use another party`s property for a specific purpose, such as a right-of-way for a driveway. In contrast, an encroachment agreement deals with an existing encroachment that has already occurred.
In conclusion, if you`re dealing with an encroachment on your property in Edmonton, it`s important to consider an encroachment agreement. This legal document can help you resolve conflicts with your neighbour and protect your property rights. Contact the City of Edmonton`s Planning and Development Department for more information on how to apply for an encroachment agreement.