If you’ve just found out that your neighbor has built a fence, driveway, shed, or even part of their house over the boundary and onto your property, your frustration is completely valid. Encroachment into your space isn’t just about a few inches of land. It’s about property rights, the security of your home investment, and legal boundaries that are supposed to protect everyone equally.
The good news is that you have legal options. The not-so-good news is that resolving this kind of conflict can take time, evidence, and, in some cases, a court order.
Start With Confirming the Boundary Lines
Before taking any action, it’s critical to confirm the exact property lines. Many property disputes start with assumptions or outdated surveys, which can lead to unintentional encroachments. You may think you know where your property ends, but unless you’ve had a recent professional survey, there’s always a possibility of error.
Hiring a licensed land surveyor will give you concrete evidence of where your boundary lies, and this step is necessary before escalating the matter further. If your neighbor also believes they’re right, having documentation from a neutral third party and confirming how encroachment works in your area can help clear things up or support your case if it goes to court.
Talk to Your Neighbor Before Taking Legal Steps
It might feel awkward, but sometimes a respectful conversation can resolve things faster than any legal action. There’s a chance your neighbor doesn’t realize they built on your land. Or maybe they assumed you wouldn’t mind. Either way, giving them a chance to resolve the issue voluntarily can save both of you time and money.
You can show them the survey report and let them know you’re hoping to resolve things amicably. If your neighbor is cooperative, they might remove or relocate the structure on their own dime, or offer compensation if removal isn’t practical.
Document the Encroachment Thoroughly
If your neighbor isn’t willing to cooperate, you’ll want to build your case with documentation. Take photos from multiple angles. Record measurements and keep notes of any conversation you have about the issue. Include dates, what was said, and how your neighbor responded. Make sure you have a copy of the property deed and your surveyor’s report handy. This kind of evidence may come in handy whether you seek a peaceful resolution through mediation or need to take the matter later on.
Understand the Concept of Adverse Possession
One of the trickiest legal concepts to deal with in these situations is adverse possession, which is a legal doctrine that allows someone to claim ownership of land they’ve occupied openly and continuously for a specific period, even if it’s not legally theirs. The timeline varies by state, but it’s usually between five and twenty years. If your neighbor built on your land a long time ago and neither of you noticed until recently, they might argue that they’ve acquired that portion through adverse possession. However, this defense doesn’t automatically apply and depends heavily on whether the possession was hostile, exclusive, and notorious, among other criteria. A lawyer can help you assess whether this might become a factor.
Your Legal Remedies for Encroachment
Once you’ve confirmed the encroachment and attempted resolution without success, your legal options fall into a few main categories. One common path is to seek a court-ordered injunction, which would require your neighbor to remove the encroaching structure. An injunction is often used when the encroachment is significant and ongoing.
In other cases, especially when removal isn’t feasible, you might pursue compensation instead, which could mean your neighbor pays for the right to use that portion of your land, or in some cases, buys the piece outright.
When Litigation Becomes Necessary
If mediation fails or your neighbor refuses to acknowledge the problem, you may have no choice but to take the matter to court. A civil lawsuit can seek removal of the encroachment, monetary damages, or both. You’ll need to present the survey, photographs, and any other supporting documentation to the court.
A judge will examine the facts and decide whether your neighbor violated your property rights and what the remedy should be. The court may order removal, grant damages, or, in some cases, force a property line adjustment depending on what’s fair and practical.
The Role of a Real Estate Attorney
Throughout this process, having an experienced real estate attorney on your team can make a world of difference. Property law can get complicated fast, especially when it comes to boundary disputes, easements, and adverse possession claims.
A lawyer will help you understand your rights, draft legal correspondence to your neighbor, represent you in negotiations, and, if needed, litigate the matter in court. They can also help you avoid pitfalls, like unintentionally giving up part of your land by waiting too long to act or saying the wrong thing in a casual conversation.
Final Thoughts on Defending Your Property Rights
Having a neighbor build on your property can be stressful, especially if the structure is significant or the relationship turns sour. Still, property law offers you tools to defend your land and your rights.
Acting promptly and consulting a legal professional will help you resolve the dispute and protect your ownership rights moving forward. Your property is your responsibility and your investment, and you have every right to defend it.
Call Gomez Law, APC today at 213-772-6404 to schedule a free consultation with our team.
