What is a lawful remedy for an owner affected by an encroachment?

Prepare for the Legal Aspects of Real Estate Test. Utilize flashcards and multiple choice questions with hints and explanations. Ace your exam!

When an owner is affected by an encroachment, one lawful remedy is to pursue money losses for diminished property value. This option allows the impacted owner to seek compensation for the reduction in value of their property caused by the encroaching party's actions. Encroachments can detrimentally affect property rights and the overall use and enjoyment of the property. Therefore, a monetary compensation claim serves as a legal avenue to address the financial impact of the encroachment.

Other options may not be as directly related to addressing the harm caused by an encroachment. For instance, boundary adjustments typically aim to resolve disputes by legally redefining property lines, which may not necessarily account for the financial losses experienced. Filing for a prescriptive easement may involve claiming the right to use part of the encroached property after a certain period; however, this does not directly remedy the owner's loss. Negotiating a property swap can also be complex and may not resolve the immediate financial loss or damage to property value due to the encroachment. Therefore, pursuing compensation for diminished property value is a clear and direct remedy available to the affected owner.

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