Encroachments Onto Private Land Lawyers

What is an Encroachment?

Unless there is an easement or agreement already in place, no person has the right to build any structure on his own land so that any part of that structure, no matter how small, will extend beyond his boundaries and encroach on the adjoining land of another.  This is true whether the encroachment is above or below the surface of the land.

What if Something on My Land Encroaches onto My Neighbor¿s Land?

A continuing encroachment is, at common law, not only a trespass but also a private nuisance.  States differ as to who must be aware of the encroachment and how to deal with the issue of removal.

What if My Contractor Encroaches onto My Neighbor¿s Land?

A landowner who undertakes the building of any structure on his land cannot shift responsibility to a contractor.  The location of the building is the responsibility of the owner, and it is the owner who is accountable for the conduct of his employee.

If I Encroach onto My Neighbor¿s Land Will My Neighbor Own the Part of My Building That is on His Land?

No.  If you encroach upon your neighbor¿s land that is a trespass, and he can sue for that but will not have legal title to the part of your building that is on his land.

What if the Encroachment is Not a Building but a Tree?

Branches of trees extending over adjoining land are considered a nuisance.  The owner of the land encroached upon may cut off the branches which are on his property.

What Can I Do if There is an Encroachment on My Land?

Sue for Damages

Since an encroachment is an invasion of your property rights, as the owner of the land encroached upon you can maintain an action for the recovery of any damages you have suffered due to the encroachment. 

How Damages Will Be Measured

The damage amount will depend on whether the injury to the land is permanent of temporary.  If the injury is found to be permanent, the measure will be the difference between the value of the property immediately before and immediately after the injury.  If the injury is temporary, the measure will be the reasonable cost of the repairs needed to restore the property to its original condition, plus the loss to the owner of not being able to use his property.

Can I Remove the Encroachment Myself?

An encroachment is considered to be a private nuisance, and the owner of the land may generally have a right to remove it himself.

Do I Need a Lawyer to Help Resolve My Encroachment Issue?

Property law is very complicated, and varies by state.  Your rights and duties may be different depending on where you live.  A good property lawyer can help advise you of those rights and duties.