Neighbor's Structure Encroaching on My Property in NY

What the Law Says

New York law treats physical encroachments—such as fences, driveways, or sheds crossing property lines—as trespasses and potential bases for equitable or legal remedies. Unlike some states, NY does not recognize 'acquiescence' alone as a basis to shift title; clear adverse possession is required. A structure may become legally entrenched only after 10 years of continuous, hostile, open, and notorious possession under RPAPL § 501. Courts may deny removal if the encroachment is de minimis and removal would cause disproportionate hardship, but this is fact-specific and not guaranteed.

Under RPAPL § 1501, a property owner may commence a 'quiet title' action to establish lawful ownership and compel removal of encroachments. The court may also award damages for trespass under common law principles.

Injunctive relief to remove or restrain an encroaching structure is available under CPLR § 6301, provided the plaintiff shows irreparable harm and likelihood of success on the merits. However, courts weigh equities—including relative hardship—under the doctrine established in *Matter of Kagan v. Dworken*, 249 A.D.2d 582 (2d Dept. 1998), though that case affirmed the primacy of property rights absent exceptional circumstances.

Statutory Text

No title to real property in this state shall be acquired by adverse possession unless the person claiming such title has, for a period of ten years, maintained actual, open, notorious, exclusive, and hostile possession thereof.

— RPAPL § 501

Statutory Text

An action may be brought in the supreme court to determine any interest, claim, or right in or to real property...

— RPAPL § 1501(1)

What to Do

Sources

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