Can a neighbour's encroaching fence become their property over time?

How the answer differs across 3 jurisdictions

The Short Answer

In most of Canada, a neighbour’s fence encroaching on your property generally cannot become their land through adverse possession — because adverse possession has been abolished in all common law provinces except Nova Scotia and Prince Edward Island.

Abolished
Adverse possession
NS & PEI only
Where still possible
10–20 years
Historic period
No SCC ruling
On modern claims
US-CaliforniaFull article
The Short Answer

Yes, under California law, a neighbor’s fence encroaching on your property can become theirs through adverse possession — but only if they openly, continuously, and exclusively use the land for at least 5 years and pay property taxes on it.

5 years
Required time
Taxes paid
Must pay property taxes
Open & hostile
Use must be visible
Exclusive
No shared use
US-New YorkFull article
The Short Answer

Yes, under New York law, your neighbor’s fence on your property could become theirs through adverse possession — but only if they openly, continuously, and exclusively use the land for at least 10 years, with intent to claim it as their own.

10 years
Adverse possession period
Hostile use
Required intent
Open & visible
Use standard
Exclusive
Occupancy requirement

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.