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Property Encroachments: Rights & Remedies

When a fence, driveway, or building crosses onto your land — and what you can do.

What is a property encroachment?

An encroachment happens when a structure or improvement — a fence, driveway, garage, deck, or even a roofline — extends across a boundary onto a neighbor's property. It creates a title and property-rights problem for both owners, and it can interfere with a sale or refinance.

An owner's remedies

Depending on the situation, an owner facing an encroachment can demand its removal, negotiate an easement or a boundary adjustment, or sue to have the structure removed and recover damages. What is practical often depends on how long the encroachment has existed and whether it has ripened into a prescriptive right.

Why act promptly

Ignoring an encroachment can be costly: over time, a long-standing encroachment can support a claim of adverse possession or a prescriptive easement. A current survey confirms the line, and acting early keeps your options open.

How Nochumson P.C. helps

Nochumson P.C. resolves encroachment and boundary disputes for owners through negotiation or litigation. Contact us if something crosses your line.

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