Question

Who is responsible for damages from an encroachment?

a) The owner of the property being encroached on.
b) Both parties split fee, if damages was done unintentionally.
c) No one, if damages were unintentional.
d) The owner of the property that is causing the encroachment.

Answer 1

The responsible party for damages from an encroachment depends on the legal property rights and who has the legal responsibility to prevent such damages.

Step-by-step explanation:

In the case of an encroachment, the responsible party for damages depends on the legal property rights that have been established. If the owner of the property being encroached on has a well-defined legal responsibility, then they would be responsible for any damages caused. On the other hand, if the owner of the property causing the encroachment has a well-defined legal responsibility, they would be responsible for the damages.

For example, if a neighbor's tree branches extend over the boundary line and damage the roof of your house, the neighbor may be responsible for the damages because they have a duty to prevent their tree from causing harm on your property.

In summary, the responsible party for damages from an encroachment depends on the legal property rights and who has the legal responsibility to prevent such damages.