What is the statute of limitations for terminating an encroachment from the commencement of the encroachment?

The statute of limitations for terminating an encroachment from the commencement of the encroachment is indeed three years. This period is significant in property law as it establishes a time frame within which an affected property owner must take legal action to address the encroachment.

The rationale behind having a set statute of limitations is to promote legal certainty and encourage property owners to resolve disputes in a timely manner. After three years, the owner of the property where the encroachment has occurred may find it more difficult to successfully claim damages or seek the removal of the encroachment due to the expiration of their legal right to bring a lawsuit. This principle is underpinned by the idea that if a property owner remains passive or fails to take action within the specified time, the encroaching party may gain rights to the land in question, potentially leading to adverse possession claims or other legal complications.

The other time frames provided in the options do not reflect the specific statutory period set for such matters, hence they do not apply in this context. Understanding the three-year statute of limitations helps property owners be vigilant and proactive in protecting their property rights against encroachments.