encroachment

[Emeline]

Can a defendant file a counterclaim and join an additional defendant or a third party defendant?

 

[Michael Wechsler]

Can a defendant file a counterclaim and join an additional defendant or a third party defendant?

For encroachment I'm not sure. I don't know the details. If this is an instance where you hired a builder who built onto the property of another person, you wouldn't join the builder to the case. You would likely have to defend yourself against the neighboring property owner and you would then have to sue the builder separately. The reason is that it is your property that is encroaching upon the rights of the neighbor. The builder was your servant who followed your direction.

The issues may also be different. For encroachment, the only issue is whether or not you or your property encroaches on the property of another. With regard to the builder, he or she may have just followed the instructions provided by your architect, who may have been the person responsible for making sure that the structure you planned to build was properly designed in all respects with regard to zoning law.