How long does the statute of limitations for terminating an encroachment run from its commencement?

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The statute of limitations for terminating an encroachment typically runs for three years from the date the encroachment begins. An encroachment occurs when a property owner, intentionally or unintentionally, builds or extends a structure onto a neighboring property. The three-year period provides a reasonable timeframe for property owners to discover the encroachment and take legal action to address it.

This duration is based on the principle that property disputes need to be resolved promptly to ensure clarity in property rights and to avoid prolonged uncertainty. After the three-year period has elapsed, any claim related to the encroachment may be barred by the statute of limitations, making it challenging for a property owner to seek remedies or enforce their rights regarding the encroachment. This establishes a limit within which affected parties can act to protect their property interests, ensuring that issues are addressed in a timely manner.

Other options, with shorter or longer durations, do not align with the established legal framework regarding encroachments.

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