Can I Remove My Neighbor's Encroachment on My Property by Myself?
Full Question:
Answer:
If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to stop or limit the activity (such as closing down an activity in the evening).
Abatement of a nuisance may involve elimination of a nuisance by removal, repair, rehabilitation or demolition. A continuing encroachment is, at common law, not only a trespass but also a private nuisance. An encroachment is considered to be a private nuisance, and the owner of the land may generally have a right to remove it himself. However, if the structure is damaged by removal, you may be liable for such damage.