Nuisances, Trespassing and Encroachments


A nuisance is an activity that substantially interferes with another's right to the reasonable use and enjoyment of their property. A private nuisance affects a few people whereas a public nuisance affects the community in general.

An owner may abate a nuisance by removing it or may bring a civil action against the person creating it in the form of an injunction or money damages.

Trespass is the intentional and unauthorized entry upon another's land/real property. A continued trespass is a permanent invasion on another's property, and, a person does not have to physically enter another's property to have committed this offense. Rather, it may occur indirectly where a neighbor allows their animals to wander across another's property, or where a person leaves waste/or belongings on the property. An owner who brings a trespass action may be awarded money damages.

An encroachment is an intrusion upon the property of another without permission. This may be done into, under, or over the property. All encroachments qualify as a nuisance and a trespass. An example is if a building is built beyond the boundary line into another's property.

Boundary disputes most often involve encroachments by structures, landscapes (trees), or backyard fences.

Do you have questions regarding a nuisance, trespass, or encroachment claim? If so, please contact Aziz Legal by phone at (408) 203-4627 or email us at abid@azizlegal.com.

This article is merely informational and is not intended to be used as legal advice. Use of any information from this article is for general information only and does not represent personal legal or tax advice, either express or implied. Readers are encouraged to consult Aziz Legal, or another attorney, for any specific legal matters.

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