What to do about an allegation of encroachment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about an allegation of encroachment?
Approximately, 13 years ago we built a fence and shed on what my neighbor and I agreed was the property line. Now however, my neighbor had the land surveyed and much to my surprise, the fence is on their property. Consequently, they are suing us for $10,000. They are insisting that they had requested we move it the whole time – which is an absolute lie. The first that we ever heard of their problem with the fence was after the survey. Can someone profit off of a few inches of land?
Asked on January 9, 2011 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to speak with a real estate lawyer to see if there are any grounds--such as that the neighbor allowed you to building the fence and shed on that land--under which you can escape liability. You might also want to have the land resurveyed, compare their survey to any you already have, etc.--you don't need to accept their survey at face value. In answer to your question--yes, if you take someone's land, even innocently, you are liable for that, and they may be able to sue you for damages and/or to move the encroachment. Consider: suppose that a plot is 120' x 60' and that the assessed land value is $120,000 (I'm suing northern NJ values here; not sure about your area.) If someone incroaches by 3' along the whole length, they've encroached for 1/20 of the land; 1/20th of $120k would be $6k right there, without any other costs or damages.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.