Encroachment occurs when all or part of a building, fence, driveway, or other installation illegally goes beyond its owner's land and covers adjoining owner's land or a street or alley. A physical check of the land or a survey are frequently used to reveal encroachments. A survey reveals where all improvements on a property are located, as well as if any improvements extend beyond the lot lines. If a building encroaches on a neighbor's property, the neighbor may be able to sue for damages or to have the encroaching component of the building removed. Long-standing encroachments (over a 20-year period) may result in easements by prescription. In conclusion, if you can prove that the fence is on your property, then you can pursue legal action.
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