What can we do about a neighbor's garage encroaching on our property?

Full question:

My wife and I are attempting to sell an inherited lake property in LaGrange County, Indiana. The potential buyer had the property surveyed and found the corner of the neighbors garage roof encroaches on our property by 4 inches. This was not previously protested by the deceased. Seems petty to me, but it is holding up the sale. What can I do to get the sale moving as I was laid off.

• Category: Real Property
• Subcategory: Encroachment
• Date: 04/07/2025
• State: Illinois

Answer:

In cases of property encroachment, a court may award the fair value of the property affected. Typically, this value is determined based on expert evidence regarding comparable properties in the area. For punitive damages to be awarded, the plaintiff must prove that the defendant acted recklessly, showing a conscious disregard for property rights.

An easement can be created by agreement, allowing specific use of another person's land. A right of way is a type of easement that permits another to use the property as long as it does not interfere with the owner's use and enjoyment of their land.

In Indiana, adverse possession laws allow someone to gain title to land by using it for a specified period, which is typically 10 years. If a neighbor has encroached by building a structure, such as a garage, and this encroachment has been unchallenged for the statutory period, they may have acquired rights to that portion of your property.

You could consider asking the neighbor to remove or modify the encroachment or negotiate an easement agreement. If the neighbor claims the encroachment has existed for more than 10 years, they might have acquired an 'easement by prescription,' allowing them to continue using that part of your property. It's possible that the buyer is using this issue as leverage to negotiate a lower price, as a four-inch overhang typically does not significantly limit property use.