What is encroachment in real estate?

Encroachment occurs when a person builds or extends a structure—like a fence, shed, driveway, or retaining wall—onto someone else’s property without permission. It’s a common cause of boundary disputes between neighbors.

How do I know if someone is encroaching on my property?

A professional land survey is the most reliable way to determine property boundaries. If a structure or improvement crosses those boundaries, it may be considered an encroachment. Reviewing your deed and title documents can also help clarify ownership lines.

Can I force my neighbor to remove the encroachment?

In many cases, yes. If the encroachment is proven, you may be able to seek injunctive relief (court-ordered removal), negotiate a property line agreement, or request compensation. A real estate attorney can help enforce your rights or reach a settlement.

What if I’m the one accused of encroaching?

Don’t ignore it. If you’ve unintentionally built over the boundary, you may still face legal consequences. A lawyer can help you explore options such as negotiating an easement, purchasing the affected land, or disputing the claim with survey evidence.

Can an encroachment become legal over time?

Possibly. Under adverse possession or prescriptive easement laws, someone may gain legal rights to use or even own a portion of land if the encroachment has existed openly, continuously, and without permission for a certain number of years. Connecticut law is strict on these issues, so legal advice is essential.

Encroachment & Property Disputes | Fitzpatrick Santos Sousa Perugini P.C.

(203) 729-4555

Has your neighbor erected a structure that intrudes on your land? This is considered an encroachment of your property. Whether it upsets you or not it can become a problem if you ever decide to sell your property. At Fitzpatrick Santos Sousa Perugini P.C., we understand how much you value your property, and we believe it is your right to protect it. If you and your neighbor are involved in a boundary dispute because of encroachment, our Naugatuck real estate lawyer can work hard to help you resolve it.

The majority of encroachment disputes arise from a neighbor building a porch or other small addition to their home or business. Perhaps a nearby business or homeowner installs deck and you realize the deck is over the actual boundary line of the property. In these cases, our Naugatuck real estate attorney can work with you and the other party involved to resolve the dispute. Generally, these resolutions include removing the structure or compensating the landowner for property encroached upon by the structure.

In these cases, our attorney will work with you and the encroacher to find an agreeable resolution. These resolutions could include:

When dealing with neighborly disputes, it is always best to attempt to resolve them by first talking to your neighbor regarding the encroachment onto your property. If you are still unable to come to a mutually agreeable solution after consulting documentation regarding the legal boundaries of both properties, we suggest contacting a Naugatuck real estate lawyer to assist in resolving your boundary dispute.

At Fitzpatrick Santos Sousa Perugini P.C., our firm has earned a reputation for providing top-notch, client-focused legal representation. When you retain a Naugatuck real estate attorney, you can count on our legal team to provide you with constant updates regarding the status of your case. Get your dispute resolved sooner. Call (203) 729-4555 to schedule a free consultation.

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What is encroachment in real estate?
Encroachment occurs when a person builds or extends a structure—like a fence, shed, driveway, or retaining wall—onto someone else’s property without permission. It’s a common cause of boundary disputes between neighbors.
How do I know if someone is encroaching on my property?
A professional land survey is the most reliable way to determine property boundaries. If a structure or improvement crosses those boundaries, it may be considered an encroachment. Reviewing your deed and title documents can also help clarify ownership lines.
Can I force my neighbor to remove the encroachment?
In many cases, yes. If the encroachment is proven, you may be able to seek injunctive relief (court-ordered removal), negotiate a property line agreement, or request compensation. A real estate attorney can help enforce your rights or reach a settlement.
What if I’m the one accused of encroaching?
Don’t ignore it. If you’ve unintentionally built over the boundary, you may still face legal consequences. A lawyer can help you explore options such as negotiating an easement, purchasing the affected land, or disputing the claim with survey evidence.
Can an encroachment become legal over time?
Possibly. Under adverse possession or prescriptive easement laws, someone may gain legal rights to use or even own a portion of land if the encroachment has existed openly, continuously, and without permission for a certain number of years. Connecticut law is strict on these issues, so legal advice is essential.