Can a neighbour's encroaching fence become their property over time?
How the answer differs across 3 jurisdictions
CanadaFull article 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.
US-CaliforniaFull article 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.
US-New YorkFull article 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.
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CanadaCan my neighbour's fence encroaching on my property become their land over time?
US-CaliforniaCan my neighbor's fence encroaching on my property become theirs?
US-New YorkCan my neighbor's fence on my property eventually become theirs?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.