What lawful remedy can an affected property owner pursue for an encroachment?

The lawful remedy that an affected property owner can pursue for an encroachment is to seek damages for any money losses incurred due to the diminished value of their property. Encroachments, which occur when a structure or object from one property extends over the boundary line of a neighboring property, can affect the owner’s enjoyment, use, and potentially the market value of their property.

When an encroachment negatively impacts property value, the affected owner may be entitled to compensation to recover some of the financial loss they have experienced. This means that if the encroachment creates a scenario where the property's desirability is reduced—perhaps due to loss of view, privacy, or access—seeking financial reimbursement can be an appropriate legal remedy.

While removal of the encroachment and establishing a boundary line agreement might address the physical intrusion, those options do not necessarily focus on the financial aspect related to diminished property value. A court order for mediation is a procedural option that might facilitate a resolution but is not a direct remedy for the financial losses caused by the encroachment itself. Therefore, pursuing monetary compensation aligns with addressing the direct impact encroachments can have on property owners' financial interests.