5 Common Property Rights Violations

Property rights are the foundation of ownership. They guarantee that landowners can use, enjoy, and control their property as they wish. However, property rights violations can complicate ownership and reduce the value of a property.

These violations occur when someone disregards the rights of property owners. This can potentially lead to legal disputes or financial loss. Below, we will examine some of the most common property rights violations and their potential impacts.

Encroachment on Property Boundaries

One of the most common property rights violations occurs when a neighbor or another party builds on your land without permission.

This violation is called encroachment. Encroachment can happen when a neighbor builds a fence, driveway, or structure that crosses into your property.

These disputes often arise due to unclear property lines or lack of communication between neighbors. When encroachment happens, it may require legal action to resolve the issue and reclaim your property’s boundaries.

Trespassing

Trespassing occurs when someone enters your property without permission. While trespassing might seem like a minor violation, it can lead to major issues if it occurs regularly. Frequent trespassing could damage your land, crops, or property.

It could also lead to safety concerns. Homeowners can protect their property by putting up clear signs or barriers to warn others not to enter. In some cases, trespassing may require legal action–particularly if damages are involved.

Eminent Domain Abuse

Eminent domain is the right of the government to seize private property for public use, such as building roads or public buildings.

However, abuse of this power can lead to property rights violations. Property owners should be compensated fairly if the government takes their land.

Unfortunately, in some cases, government authorities may try to seize land without proper compensation or use the land for purposes other than what was initially stated. Property owners can challenge these actions through legal channels if they believe they are being treated unfairly.

Violation of Zoning Laws

Zoning laws are regulations that govern how land can be used in a certain area. When a property owner builds or uses their land in ways that violate these laws, it constitutes a property rights violation.

For example, if you live in a residential area, you may not be allowed to run a business from your home without permission.

Violating zoning laws can lead to fines, penalties, or even the forced removal of illegal structures. Property owners need to familiarize themselves with local zoning regulations to avoid these violations.

Property Damage by Others

When someone intentionally damages your property, it is a violation of your property rights. This could include anything from vandalism to negligence. For example, if a neighbor’s tree falls and damages your fence, this could be a property rights violation.

Homeowners should document any damage and contact the responsible party or insurance companies. In cases where damage is caused by negligence, property owners can seek compensation for repairs or replacement.

Protecting Your Property Rights

Property rights are a cornerstone of ownership. Violations can cause significant stress and financial loss. Understanding the common violations and knowing how to respond is key to protecting your interests.

Stone Building Solutions specializes in engineering, structural inspections, reserve studies, damage claim assistance, and construction monitoring. If you are dealing with property rights violations that involve construction, we can help identify potential issues and provide valuable guidance.