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As a result, he said, people buying property that has a fence or other structure encroaching significantly on it should insist that the seller take the necessary steps to get the neighbor to remove the encroachment or sign a document acknowledging that the encroachment is being used with permission and is not hostile or under claim of right.
Another way would be to ask the neighbor to remove the encroachment.
Prevailing planning, design and management approaches in Southern Ontario municipalities in Canada indicate planning and management tools have been developed to remove and impede encroachment impacts; however, many are infrequently implemented.
After President Woodrow Wilson refused to comply with a law preventing him from removing postmasters without Senate approval, the Supreme Court struck down the statute in 1926 as an encroachment on executive power in a case that was seen as implicitly agreeing that a president is not required to execute unconstitutional laws.
That means that unless a prospective buyer agrees to buy the property "subject to" the encroachment, the buyer could decline to conclude the purchase unless the encroachment is removed.
Alternatively, he said, a landowner can demand that the encroachment be removed immediately and can sue if necessary.
Environmental flow recommendations often include flows expected to remove and/or prevent the encroachment of terrestrial vegetation in channels (e.g., VEWH and others 2011; Konrad and others 2012).
Prior to the arrival of the British colonial administrators in Uganda, pastoralists used fire as a rangeland management strategy to remove unpalatable plants, rejuvenate forage material, and control encroachment of undesirable plants (Oba 2012, Oba et al. 2008).
Besides, desilting measures to improve the carrying capacity of the river channel needs to be adopted and existing encroachments for settlement and infrastructural development should be removed.
In focus group interviews, Maasai, Samburu, and Borana elders in Kenya and Ethiopia recalled burning every several years to control bush encroachment, control tick and tsetse fly populations, and remove rank or overgrown grass with a high ratio of dead stems allowing newer, more palatable grass to grow in its place (C. Riginos, unpublished data).
Woody encroachment has occurred even in sites where livestock were permanently removed in the first decades of the twentieth century, and by the 1940s, range scientists were developing mechanical (and later chemical) methods of combating mesquites and other shrubs, effectively abandoning the idea that stocking reductions alone could result in grassland restoration (Sayre 2010).
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