What are a homeowner’s rights if a neighbo’rs garage is encroaching upon their land?

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What are a homeowner’s rights if a neighbo’rs garage is encroaching upon their land?

I bought a house last year I was researching the property lines to build a fence and found that my neighbor clearly has half of his garage over the property line.

Asked on November 19, 2010 under Real Estate Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This happens quite often wither done by a neighbor intentionally or just purely by accident.  What you have to worry about here is an area of the law known as "adverse possession" where people acquire property rights in a piece of land that is really not theirs if they posses without right for a certain period of time.  there are various elements involved that need not be gotten in to for your purposes here.  What you need to do is to seek help from a real estate attorney to "quiet title" to the lane, meaning that you have to bring an action to take back that which is yours.  Good luck.


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