When The Government Encroaches Upon Your Property

In the technical sense, every homeowner and individual who owns land indeed possesses a claim to the land; however, the government often has the ultimate claim to all land within the state. This is because regardless of each plot of land belonging to a different citizen, in the end, all land is ultimately the property of the state. Accordingly, it is not unheard of for any government to suddenly propose and encroach upon the land. The reasons are varied, but nowadays, they often revolve around development and infrastructure: to build highways, public buildings and other necessities, the government requires more land – and given its scarcity, it results to forcing the tenants of a land out of it. Now, whilst the government has a supreme claim to the land, there is no reason for any person to simply subject themselves to the whims of the government – the citizens have a right to defend themselves. This does not exactly mean that you can refuse the advances of a government; instead, it often means that you can ask for more recompense. Accordingly, you need to be aware of the process by which a government encroaches upon your land – settling these kinds of problems is quite similar to settling land disputes through a land dispute lawyer Sydney.  

To begin with, the government will often decide in advance where a particular project is going to be built, and with it, it will become aware of which population will have to be evicted from a particular location. At this point, the government will often send to these persons a notice of the government’s intent to acquire the land. The notice is often sent months in advance – the exact number of months tends to vary from country to country. Regardless, once a notice is sent, homeowners and other property owners automatically relinquish their right to sell the property or to enter into a new lease. Go here for more information about environment and planning lawyers

During the timeframe of acquisition, the government will finalize their project and officially declare their intent to acquire the property. It is at this point that they will send an offer with an evaluation of the property and the amount the government is willing to offer as recompense. Remember, you do not have to be satisfied with this quote; you can always hire a compulsory land acquisition lawyer to figure out a more correct evaluation of the property and request a higher recompense on the basis of many factors.If your quote is rejected, however, and you cannot agree with the government, you will have the ability to file a petition with a superior court of the country (usually the Supreme Court). The court will decide whether the acquisition is to proceed, or whether you can remain living in your property.

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