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 (www.westlaw.com; www.lexisnexis.com; www.versuslaw.com). 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.
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