Has this happened to you? One day, you look out the window of your house and notice your neighbor building a shed, driveway, or hedgerow on what you consider your side of the property line. If so, you’re probably wondering about what legal remedies you have if your neighbor’s construction encroaches onto your property.
Understanding Property Encroachment
Property encroachment occurs when a neighboring property owner begins building structures or installing landscaping that crosses the boundary dividing your properties. Common examples of property encroachment include instances where a neighbor builds a fence or installs shrubs or bushes on your side of the property line, or constructs a shed or accessory structure that straddles the property line. A neighbor who encroaches on your property by building structures on your side of the property line may entitle you to seek prompt legal remedies. Furthermore, instances of suspected encroachment make it critical to verify property boundaries. You can verify the property line between you and your neighbor through your property deeds, zoning/plat maps, and professional surveys to identify the correct placement of the property line.
Steps to Take If You Suspect Encroachment
Actions you should take as soon as your neighbor begins building something that you suspect crosses over into your property include:
- Obtain a professional land survey from an expert surveyor to confirm the boundary between your property and your neighbor’s property.
- Document the encroachment by taking photos at the start and end of construction.
- Begin an amicable discussion with your neighbor as soon as they start construction to try to resolve the issue. Your neighbor may have made an honest mistake regarding the boundary line between your properties. Resolving the issue as early as possible can help your neighbor avoid unnecessary construction expenses.
- Send a formal notice and cease-and-desist letter to your neighbor if informal discussions fail to resolve the dispute.
- Retain an experienced real estate attorney to advise you on your rights and advocate for your interests at the negotiating table or in court, if necessary.
Legal Remedies for Property Encroachment
You may have several options for remedying your neighbor’s encroachment onto your property. First, you may negotiate a settlement under which your neighbor agrees to remove the offending structure or landscaping. Alternatively, you and your neighbor may agree to an easement, under which your neighbor recognizes the correct boundaries of your property, but you allow them to use a part of your property for their structure or driveway. Your neighbor can compensate you for that easement, and you can place a time limit on the easement, allowing your neighbor time to use the structure they’ve built before they must remove it.
When settlement negotiations fail, you may have to go to court to obtain relief from the encroachment. A court can issue an injunction, which may order your neighbor to remove the structures they’ve constructed on your property. However, suppose your neighbor disputes the correct property line and argues they’ve built their structure entirely on their property. In that case, you may need to file a quiet title action to have a court determine the legal boundary.
What If the Encroachment Has Occurred for Years?
What happens if your neighbor built something years ago that encroaches on your property, but you chose not to say anything? In that situation, adverse possession rules may come into play. Under adverse possession, a person can gain legal title to someone else’s property if that person engages in open, exclusive, continuous, and notorious use for a specific period. As a result, letting your neighbor’s structure remain on your property for too long can jeopardize your right to relief and complicate the title to your property.
Contact a Nassau County Real Estate Attorney Today
If you’ve discovered your neighbor building or installing structures or landscaping on property that belongs to you, you need to act quickly to protect your rights. Contact Kohan Law Group today for a confidential consultation with a real estate attorney to discuss your options for addressing your neighbor’s encroachment on your land.