{"id":40409,"date":"2021-11-01T12:31:23","date_gmt":"2021-11-01T10:31:23","guid":{"rendered":"https:\/\/www.propertyshark.com\/Real-Estate-Reports\/?p=40409"},"modified":"2025-05-22T13:10:29","modified_gmt":"2025-05-22T10:10:29","slug":"how-to-handle-encroachments-in-nyc","status":"publish","type":"post","link":"https:\/\/www.propertyshark.com\/Real-Estate-Reports\/2021\/11\/01\/how-to-handle-encroachments-in-nyc\/","title":{"rendered":"Encroachments: What They Are & What You Can Do About Them"},"content":{"rendered":"\n

NYC-based boutique law firm\u202f<\/em><\/strong>Pardalis & <\/em><\/strong><\/a>Nohavicka<\/a>\u202fbrings the latest legal updates from the world of real estate. Pardalis & Nohavicka handles an eclectic array of matters, representing individuals and business owners in civil litigation, criminal\u00a0cases\u00a0and business transactions, currently litigating and representing clients throughout the United States and around the world.<\/em><\/strong>\u00a0 <\/p>\n\n\n\n

<\/span>What is an encroachment?<\/strong><\/span><\/h3>\n\n\n\n

An actionable encroachment is the intrusion of a structure or even temporary object onto a neighboring property in the absence of right \u2014 either by agreement or law. This often takes the form of a fence or other border demarcation, but it can also be as innocuous as an oversized vehicle or jutting air conditioning unit.<\/p>\n\n\n\n

Often, an encroachment is identified after obtaining a survey, either for tax purposes or perhaps as part of a renovation or other project. It could even be as simple as investigating part of the neighbor\u2019s property you keep tripping on that turns out to be on your property.<\/p>\n\n\n\n

<\/span>What to Do<\/strong><\/span><\/h3>\n\n\n\n

Neighboring property disputes can sometimes be contentious. Therefore, it\u2019s always a good idea to try to communicate with your neighbor to express your concerns. Then, if your neighbor ignores you or disagrees with you, you can send a more formal notice, sometimes referred to as a notice of claim. When these steps indicate an impasse between the parties, it may be time to file a lawsuit.\u00a0<\/p>\n\n\n\n

In the meantime, avoid touching, removing or damaging any encroachments, unless they create an imminent danger. Even then, seek consultation before doing anything. \u00a0always document the encroachments and their effect on your property with photographs or video.<\/p>\n\n\n\n

<\/span>Adverse Possession<\/strong><\/span><\/h3>\n\n\n\n

An adverse possession is \u201cthe occupation of land to which another person has title with the intention of possessing it as one\u2019s own.\u201d Essentially, that translates to, \u201cThat fence has been there for as long as I can remember.\u201d In other words, adverse possession is the adverse taking of someone else\u2019s property through continued use and improvement for a period of 10 or more years (in New York). <\/p>\n\n\n\n

A helpful way to remember the elements of adverse possession is with the acronym OCEAN.: Taking of property that is Open, Continuous, Exclusive, Adverse and Notorious for a period of 10 years.<\/p>\n\n\n\n

Recent changes to New York law regarding adverse possession have reinvigorated the de minimus<\/em> rule, which means that certain minimal encroachments \u2014 in some cases, even fences \u2014 are insufficiently adverse to trigger adverse possession. As such, it\u2019s wise to understand how long an encroachment has been on your property, whether de minimus<\/em> or otherwise.\u00a0<\/p>\n\n\n\n

<\/span>What Happens in an Encroachment Dispute<\/strong><\/span><\/h3>\n\n\n\n

An encroachment dispute often involves the following steps:<\/p>\n\n\n\n