It can be a shock to discover that a neighbor’s fence, shed or even part of their home crosses onto your property. Whether it was an honest mistake or something more intentional, the situation often brings confusion, frustration and difficult conversations.
Property lines aren’t always as clear as they seem, especially when boundaries have been assumed for years without dispute. When those assumptions turn into permanent structures, it’s important to understand your rights and how to protect your property.
Understanding your legal options
The first step is confirming whether your land has actually been encroached upon, and whether it’s minor or major encroachment.
Minor encroachment:
These are common and typically don’t warrant legal action.
- Tree branches overhanging your property
- Plants or landscaping that crosses the property line
Major encroachment:
These involve more permanent or intrusive structures and are more likely to lead to legal disputes.
- Fences built over the boundary
- Driveways extending onto your land
- Balconies, patios, or home additions
- Sheds or large play structures
A professional land survey can clarify property boundaries and provide critical evidence if legal action becomes necessary. It’s also helpful to gather any related documents, such as deeds or previous surveys.
Once you have proof of encroachment, the next steps can vary. You may be able to reach a mutual agreement with your neighbor, such as moving the structure or formalizing a boundary line adjustment. In more antagonistic situations, you might need to pursue a legal remedy like seeking court-ordered removal of the encroachment. Keep in mind that time matters. If too much time passes, your neighbor could potentially claim rights through routes like prescriptive easement. Acting early helps protect your rights and preserves your ability to seek a resolution that works for you.
If you’re having trouble with real estate disputes and are unsure about your next steps, seeking legal guidance can help you go through your options and move forward with confidence.