Compulsory servitude is an unfavorable form of property, but it involves only one part of another`s property. For example, in the case of a right to compulsory servitude, the applicant must have occupied the part of the land under attack for a legal period against the owner`s authorization. Therefore, the right to a mandatory servitude can be avoided simply by giving the intruder a letter in which he gives permission to use it. This prevents the intervening neighbour from claiming a compulsory servitude as long as this has been done before the expiry of the legal period. If it has been concluded, it is possible to negotiate a service agreement or a transport agreement between the parties. An easement agreement is not property, but a right to use the property and can be registered in public land registers in order to inform potential buyers of a right to land. The right to compulsory servitude is not recorded in the same way and can be difficult to detect. It is therefore important to have an investigation carried out by a serious expert when buying a property. Fence lines are by far the most common types of structures that enter a neighbor`s property. Here are my tips for avoiding the need for an aggression agreement: for more detailed information about aggression agreements, please read this excellent and simple discussion on the subject on the blog of Cary, NC attorney Jonathan Richardson: activerain.com/blogsview/924627/encroachment-agreements. It often happens that aggressions exist and that neighbors are not aware of them until the time of sale. Real estate investigations triggered by the imminent sale of land can identify a previously unknown intervention or confirm that there is one.
With the advent of sophisticated surveying devices, aggression problems have become more frequent. Assaults can lead to a hardening of border disputes between neighbors, but there is a legal route. You may have a nearby tree or fence on your property that was only discovered when a surveyor was just arrested. There may be a right to legal property or servitude if the intervention has existed for a period set by law, which varies from state to state. . . .