No one anticipates waking up one day to find their neighbor’s new fence cutting through what they have always considered their backyard. Property encroachments can be a homeowner’s nightmare, causing stress, confusion and potential legal battles.
If this happens to you, do not let the situation escalate further. Knowing your legal options is key to resolving the issue efficiently.
Understanding encroachments and your rights
Encroachment occurs when a neighbor builds something that extends onto your land, such as:
- Buildings or structures
- Fences
- Driveways
- Landscaping elements
- Overhanging trees or bushes
Encroachments can happen due to a mistake in property boundaries or intentional overreach.
In New York, property law protects landowners against encroachments. The law recognizes your right to enjoy your property without interference. When neighbors build on your land, they infringe on this right.
There are legal remedies to protect your property and your rights
New York law provides several options for dealing with encroachments:
- Injunctive relief: You can ask a court to order the removal of the encroachment.
- Ejectment: This legal action can force the encroaching party off your land.
- Quiet title action: This establishes your rightful ownership of the disputed area.
In some cases, if the encroachment has existed for a long time without objection, the encroaching party may claim adverse possession. This legal concept can allow them to gain ownership of the land they have been using.
As a property owner, it is essential to be proactive in defending your rights. If you suspect an encroachment on your land, take action promptly to avoid further complications.
Significant disputes often require professional legal help. An experienced real estate attorney can interpret complex property laws, negotiate on your behalf and represent you in court if necessary.