Encroachments - Risks to Owner?

[Ronald Roetsel]

All, 

Recently, I marked (actually paid someone licensed to do that) the corners of my new lot. After analyzing GIS data, I discovered that my neighbor’s house, garage, and shop are built with minimal permissible setbacks (50 feet to an inch) from the boundary line. Some other structures, like a patio and propane tank, are even closer. Considering the obstacles above, his driveway encroaches onto my property by 5-15 feet over a distance of 240 feet. There is no easement in place, and the driveway could be relocated to the other side of the building or reshaped to avoid crossing the "border". Furthermore, some installations, such as his antennas on a pole, are on my land.

I am a reasonable person and don’t have any issues with this. The new owner bought the house after I purchased my land, and he might not be aware of these encroachments.

Is there any risk for me, such as the possibility of acquisitive prescription of a part of my real estate after years, especially if (theoretically) the neighbor incurs considerable expenses for e.g. asphalting his driveway? 

Thanks!

R.

[Joshua Gorsky]

@Ronald Roetsel

Different states have different requirements for what constitutes adverse possession. I’ve written letters on behalf of clients in similar positions to yours reserving the right to request the improvements be removed in the future. These types of letters should bind successors and assigns and run with the land. On occasion these letters have resulted in the parties entering a more formal easement agreement.