If your neighbor puts their property, a fence, or even an addition to their home on or crossing you property line, then you have a boundary dispute. The first step in dealing with this is to talk to your neighbor and then compare deed copies. The exact wording of the deeds should tell you where your property lines are.

One way in which an encroachment can arise is when a neighbor builds something on a property line in violation of a municipal setback regulation. In this situation, you should take action to have the encroachment removed within a prescribed period or you may lose your right to enforce the setback requirement.

If a property owner makes use of a part of a neighbor’s property for over five years, he or she may request a court order that they “own” the land underlying the improvements if the encroachment has been (1) open (visible) and notorious (obvious); (2) continuous and uninterrupted for five years; (3) hostile to (without consent of) the true owner; (4) under claim of right; and (5) they paid taxes on the encroached property.

Try to reach a neighbor-to-neighbor agreement. Reaching an agreement between the two of you — without involving attorneys and/or the court system — is generally the fastest, easiest and cheapest way to resolve neighbor property line disputes. Once you’ve reached an agreement, both of you can sign a deed that details the perimeters of the land.

An encroachment is a trespass when it denies you, as the property owner, the right of exclusive possession of your property. A temporary encroachment {e.g., your neighbor placing construction materials on your adjoining property) may constitute a continuing trespass.