our soon to be new neighbors just had a land survey done and found that our garage that was built in the 70s is 2 1/2 feet on their side of the property line. what are our rights?
2 Answers from Attorneys
This is a more complex answer than can be answered here. There may be an argument for adverse possession to be made, but it is impossible to say based on the facts here. I would suggest consulting with an attorney right away.
You should check with an attorney. The basic theory would be "adverse possession", but there are a number of elements (15 years + of open, notorious, hostile exclusive use).
Often these are resolved by giving the encroacher (you) an easement to maintain the garage where it is until it is destroyed.