How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37808
Experience:  Attorney and Real Estate broker -- Retired (mostly)
Type Your Real Estate Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

what are the laws on encroachment/

This answer was rated:

what are the laws on encroachment/
Under North Carolina Law, encroachment is treated as a "continuing trespass." A property owner that proves the encroachment of a neighbor is entitled to damages for the lost value of the land during the period of encroachment. In addition, the property owner may obtain an injunction requiring the removal of the structure.

Damages for encroachment must be sought within three years of the date that the encroachment occurs. However, the encroachment occurs again at the beginning of each new day, meaning that actual damages cannot extend back for more than three years, but the structure can be ordered removed for up to 20 years, because that is the length of time necessary to take the land of another under the doctrine of adverse possession, as applied in North Carolina.

All of the above is discussed thoroughly in the case of Bishop v. Reinhold, 66 N.C. App. 379, 311 S.E.2d 298 (N.C.App. 02/07/1984). Unfortunately, this case is not available for review online without charge.

You can download the case at numerous paid legal research websites (;; You can also review the case at a public or university law library.

Versuslaw is the least expensive option. For $13.95, you can download an unlimited amount of case law information for one month. Then, you can cancel your subscription and that will be the entire charge.

Note: I have no affiliation with Versuslaw. I'm just trying to provide a useful resource. This is not an attempt to "upsell" you anything.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.

And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

socrateaser and other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.
thank you
You're welcome and good luck.
socrateaser and other Real Estate Law Specialists are ready to help you

Related Real Estate Law Questions