Land Encroachment

Encroachment of Land IssuesWhat is an Encroachment? Generally, no person has the right to build any structure on his own land so that part of the structure, no matter how small, encroaches or extends onto the land of another. If one person's property extends beyond his boundaries and encroaches on the adjoining land of another, this is an encroachment of land. It doesn't matter whether the encroachment is above or below the surface of the land.

The consequences of encroachment of land can range from simple nuisances, like tree branches hanging over your neighbor's land, to being sued for actual damages or removal of the encroachment. Depending on whether the injury to the land is permanent or temporary, damage amounts and remedies can vary. Property law is complicated. The laws and regulations governing encroachment of land issues vary by state, and your rights and obligations can differ depending upon the municipality. A good New York property lawyer can help advise you of those rights and duties.

For example, when a client is purchasing a house or other real estate, title searches and surveys will be obtained and reviewed to see if any encroachments exist regarding the property. The disclosure of the existence of an encroachment may result in a transaction being cancelled or a lender refusing to approve a mortgage.

As a Manhattan and New York City property lawyer, I represent both commercial and residential clients in real estate matters. This representation includes the purchase or sale of single or multi-family homes, condominiums, cooperatives, and litigation. As a New York real estate attorney, I work closely with my clients in these matters to advance and protect their interests.

Contact me directly at (212) 355-2575 if you have any encroachment questions or disputes. You can also contact me by using our convenient online contact form.