Is it considered encroachment if you own a vacant lot and the neighbor is keeping it mowed and put removable junk items on it?

Asked on November 6, 2015 under Real Estate Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The neighbor's action is trespass and also nuisance.
Trespass is the volitional entry onto the land of another without consent or legal privilege.  Mowing the lawn is trespass.  It is also trespass to leave junk on the property.
If leaving the junk on the property is an ongoing activity, it would be nuisance.  Nuisance is an unreasonable interference with the use or enjoyment of another's property.
Damages (monetary compensation) may be an inadequate remedy if the action of the neighbor is ongoing because it may require multiple lawsuits and also land is unique.  Under those circumstances, an injunction would be the appropriate remedy.
If the neighbor's action was only a one time occurrence, a lawsuit for trespass would be the appropriate remedy with monetary damages (the cost of cleaning up the property and removing the items).

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