Transferring Title or Leasing Property

• Sometimes encroachment happens by accident, and a neighbor may not discover the encroachment for years. If a house encroaches onto neighboring land because of a builder's miscalculation, the neighbor may sell or lease that portion of his land to the home owner. She could also grant the homeowner a license to use the land. Additionally, one property owner could actually have a legal claim over a portion of the other's property under adverse possession laws. These laws, which vary by state, can entitle one landowner to ownership of the portion of land they have been using for a set period of years.
  
  

Moving the Structure

• If someone has simply placed materials on a neighbor's land by accident, he could just remove the materials. However, if encroachment by one person becomes a repeated problem, or damages the neighbor's property, including plants, the neighbor could take him to court. If one neighbor has built a smaller structure, like a shed, on the neighbor's property, she might be able to move the structure. If a landscape feature like a garden or newly built pond extends onto the neighbor's land, she may need to restore the area. However, if the neighbor enjoys having the feature there, they could draw up a legal agreement to share the structure, and an attorney could advise them on any property liability laws that may apply.
  
  

Protective Easements

• If moving the encroaching structure would prove difficult, and the structure doesn't impose greatly on the neighbor, a protective easement may take affect. For example, a driveway that extends 2 inches onto a neighbor's property may merit an easement, as Lynn T. Slossberg notes in the book "The Essentials of Real Estate Law." This means the original property owner maintains ownership of the property, but the other neighbor need not change the structure. If the property owner takes no action to require the structure to be changed within a set period of time, an easement may take effect. States have their own laws on easements, including the time period required for one to take effect.
  
  

Monitoring

• In some cases, encroachment happens intentionally and repeatedly. This calls for monitoring of the site to prevent future encroachment, as well as removal efforts. In Michigan, the Department of Natural Resources found a site where people had been illegally dumping materials on public lands for 10 years, and enlisted a large crew to assist with the cleanup effort. Surveying and monitoring public lands or the boundaries of large private estates regularly will help to prevent encroachment from escalating to such extremes. Monitoring may help to deter trespassers and make neighbors more conscientious about their boundaries.