Property line disputes, driveway disputes, what can the neighbors do or not do on the property boundaries? These are frequent questions that arise as people go to improve their properties or get an unexpected surprise from a land survey. A historical use of your property which may have once been inconsequential (is the fence on the true property line or can the neighbors really park there?) can have a big impact on your home or business properties.
An encroachment exists where a building or other improvement (such as a wall or fence, patio, or landscaping) on one property extends beyond the property line and encroaches upon an adjoining property. An encroachment may be actionable as, among other things, a trespass or a nuisance by the adjoining property owner. What remedies are available to the encroacher?