Full question:
I live on a lagoon. I have docked my boat in the same spot in front of my property for 30 years. The stern of my boat is 6 feet off the property line to allow for tide swings and wind. My new neighbor has tied his boat up with the anchor overhanging my property. As a result I can no longer dock my boat as before if I want to avoid damage from his anchor. I will have to move permanent docking fixture as well. Is there a set-back rule for boat docking?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: New Jersey
Answer:
Encroachment or trespass laws apply when a neighbor's property extends onto your property. You may need to file a quiet title or trespass action to determine land boundaries. In such cases, you can ask the court for an injunction to prevent further encroachment. An injunction is a court order that requires someone to stop doing something that harms another's property rights.
If there is an encroachment, the court may award the fair value of the affected property. The value is often determined by expert evidence comparing it to similar properties. To receive punitive damages, you must show that the neighbor acted recklessly, demonstrating a disregard for your property rights.
An easement can be created by agreement, allowing limited use of another’s land. This could include a right of way, which permits travel over someone else's land as long as it doesn't interfere with their use.
Adverse possession laws allow someone to claim title to land by using it for a specified time without the owner's permission. For example, if a neighbor builds a fence on your land and you don’t dispute it, you could lose title to that portion. The use must be open, notorious, and continuous for the statutory period.
To establish adverse possession, the use must be actual, open, notorious, exclusive, hostile, and continuous. If multiple people occupy the land, their time can be combined if there is a connection between them, known as privity.
You may want to inform your neighbor about the encroachment or consider negotiating an easement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.