Property Law Videos - Illegal encroachment of land

Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbours were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property.
Fortunately, there are number of ways to handle an encroachment. However, before you do anything, make sure you know where the boundaries of your property are. You are about to begin discussions with your neighbours, and do not want to cause any ill will over mistaken boundaries.

• To begin with, you can, and probably should, talk to your neighbour about it. He might be able to move the structure, or you might come to some alternate arrangement. Resolving any disputes out of court can save both of you legal fees, as well as the stress of hiring attorneys and going to court. If you and your neighbour decide to leave the encroachment in place, you may consider giving them written permission to use your property. This can prevent a later claim of adverse possession.
• If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things:
  1. that you actually own the property; and
  2. that the neighbour is using the land improperly and should be removed.

This first goal is accomplished through what is known as a "quiet title" action, while the second is done through what is often referred to as an "ejectment action." This is a long process and usually (not surprisingly) does not encourage a good relationship with your neighbours. To make matters worse, you might lose. If your neighbour has been improperly using your land for some time, he could succeed in an adverse possession action, or, more likely, get the court to grant him the right to limited use of the property (known as a "prescriptive easement").