Property issues are stressful. Really stressful. And it gets worse when someone starts using your land without permission. Maybe a neighbor built a fence too close to your boundary… or a business slowly creeps onto your property. Either way, acting early is key. A property litigation lawyer can help, but here’s what you can do step by step.
1. Make Sure It’s Actually an Encroachment
First things first—don’t just assume. Sometimes boundaries are confusing, and you don’t want to start a fight over nothing.
- Check your documents: Look at your title deed, property survey, or any official records that show your land lines.
- Hire a surveyor: A licensed surveyor can measure your property and give an official report. Super useful if things go legal.
Knowing exactly where your land ends and theirs begins makes your next steps way easier.
2. Talk to the Person
Once you’re sure someone is encroaching, try talking to them. Keep it calm and polite. Getting angry rarely helps.
- Show evidence: Bring the survey or property documents.
- Suggest a fix: Maybe they didn’t realize it. Ask them to move fences, sheds, or anything else back to their side.
Believe it or not, many small encroachments get sorted out just by talking.
3. Keep Records
Even if things are going smoothly, document everything. This will be huge if it escalates.
- Dates and times of conversations
- Copies of letters, emails, or texts
- Photos of the encroachment
- Surveyor reports or official notices
Having a clear paper trail makes your case much stronger.
4. Try Mediation
If talking doesn’t work, consider mediation. A neutral person can help you both find a fair solution.
- Saves time and money compared to court
- Keeps relationships—neighborly or business—intact
- Lets you find creative solutions courts might not offer
A lot of disputes get solved here without ever going to court.
5. Send a Legal Notice
If nothing else works, it’s time for a formal legal notice. Usually, a property litigation lawyer helps prepare it.
It tells the encroacher:
- They are infringing on your property
- You expect them to fix it
- Legal action will follow if they ignore it
A notice shows you mean business. Often, it’s enough to get them to act.
6. File a Lawsuit
When all else fails, court might be the only option. Filing a lawsuit can:
- Get a court order to remove the encroachment
- Recover damages for loss or inconvenience
- Make your property rights official
Working with a skilled lawyer here is key. They make sure your case is solid and increase the chance of a good outcome.
7. Protect Yourself for the Future
Once it’s settled, take steps so it doesn’t happen again:
- Put up boundary markers or fences
- Check property records regularly
- Keep open communication with neighbors
Being proactive saves headaches later.
Final Thoughts
Encroachment is serious. Start by confirming boundaries, talking things out, keeping records, and trying mediation. If that does not work, legal action is your backup.
For people in Montreal, talking to top law firms in Montreal can make the process easier. Experienced lawyers know the local laws and can guide you through disputes professionally.
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