Encroachments occur when a property owner builds or landscapes in a way that intrudes onto or over another owner’s property. This most commonly happens with sheds, fences, home additions, swimming pools, landscaping, or driveways.
If you’re the property owner who has been intruded upon, you have options. If the encroachment doesn’t bother you, you can let it be. Just be aware that you’ll need to disclose the encroachment when you sell your property, and it may need to be resolved before the property can change hands.
If the encroachment bothers you, the first step is always to discuss the matter with your neighbor. Perhaps selling the encroached-upon property to your neighbor could solve the problem, or maybe the structure or landscaping causing the problem could be removed.
When you’re unable to resolve the issue between yourselves, you’ll need to take the matter to court and let a judge decide what should happen to the encroachment. You’ll need to prove that you own the property that has been encroached upon.