Property Ownership
A West Virginia landowner discovers their neighbor has erected a building that encroaches 18 inches onto their property. The landowner's options include:
AAccepting the encroachment and doing nothing
BFiling suit for trespass and seeking removal or damages
CBoth of the above✓ Correct
DOnly selling the property to avoid the dispute
Explanation
A landowner can accept an encroachment (possibly granting an easement for compensation), file suit to require removal of the encroachment, or seek monetary damages for the trespass. The appropriate response depends on the relationship between the parties and the nature of the encroachment.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
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