How Can I Stop My Neighbor From Trespassing and Encroaching on My Property?
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.
quiet title or trespass to try title action is the method of determining title to lands. In a quiet title action, it is possible to ask the court to issue an injunction to force another to do or refrain from doing an act. An injunction is an equitable remedy that the court may order when money damages will be inadequate to remedy the harm suffered. If someone plants trees that encroach on another's property, the land owner may have the encroachment removed.
In the case of an encroachment, a plaintiff may be awarded the fair value of the property that is encroached upon. Typically, the court will determine value of property based upon expert evidence as to the value of comparable property in the location. Sometimes, the encroaching structure may be ordered to be removed or moved at the defendant's cost. In order to award punitive damages for an encroachment, courts have held that the plaintiff needs to prove the defendant acted with recklessness that shows a conscious disregard of property rights. Punitive damages are designed to deter conduct that was based on wrongful intent, usually requiring some proof of fraud, malice, oppression, or other wrongful and intentional motives.