In 2026, tensions have been growing between state and local authorities on subjects such as housing and zoning. However, tensions between individual neighbors can be just as difficult. These tensions are nothing new, and disputes over property lines are as old as civilization itself. Those who believe that their neighbors are building on their land or “encroaching” may wish to consider their legal options. An experienced real estate lawyer in Utah may be able to offer insights and guidance while helping property owners assert their rights. Snow Jensen & Reece, P.C. is a real estate law firm established in 1986, and it has spent decades assisting property owners in Utah with various legal issues, including encroachment. Property owners may contact Snow Jensen & Reece, P.C. at (435) 628-3688. We serve property owners in central and southern Utah.
Neighbors Can Resolve Encroachment Issues Through Courts or Alternative Dispute Resolution (ADR)
Neighbors may resolve encroachment issues by going to court, which is generally a time-consuming and expensive process. Alternatively, neighbors may decide to settle their disputes in private through a process called alternative dispute resolution (ADR). These private negotiations may offer more flexible and varied resolutions, including easements. A property owner might also decide to sell the land to their neighbor to resolve the dispute. Regardless of which option property owners choose, prompt action is critical. If a property owner waits too long, their neighbor may eventually become the de facto owner of the disputed land through automatic legal processes like adverse possession.
Summary of Encroachment Issues in Utah
Encroachment disputes in Utah often arise when a neighbor builds or places structures, landscaping, or fences across a property line, and property owners may need to act quickly to protect their rights. Common examples of encroachment include garages, fences, trees, landscaping features, and other improvements that extend beyond a property’s legal boundary.
Utah property owners may address encroachment through litigation, including trespass and ejectment claims, or through alternative dispute resolution methods such as mediation, arbitration, negotiated easements, or land sales. Delaying action may create additional legal complications, including adverse possession or boundary by acquiescence, which can affect ownership and property rights over time.
Common Examples of Encroachment in Utah
Encroachment can take various forms in Utah. That being said, some types of encroachment are more common than others. In this situation, it makes sense to address the encroachment as soon as possible.
Garage Construction
A common form of encroachment involves the construction of a new garage. Suppose two neighbors live next to each other. If one property owner constructs their new garage between the two homes, they may inadvertently encroach. However, property owners may only become aware of the new garage after it is already constructed. For example, a property owner might come home from a summer vacation to find that their neighbor has built a new garage that encroaches on their property. Aside from encroaching on a residential property, a garage may also encroach on public property, such as when it is built into a public alley, street, or other right-of-way. A garage that sits entirely on the owner’s own lot but too close to a property line or alley does not necessarily encroach on anyone’s land, but it may violate local setback requirements, which the city or county enforces separately.
Landscaping Additions
Various landscaping additions may also constitute encroachment under Utah law. A classic example is a tree with branches that hang over a property line. A tree may begin its life within a property line before gradually growing and encroaching on the property of a neighbor. Alternatively, a neighbor might encroach by planting trees directly on the neighbor’s land. Various other types of plants may constitute encroachment. Encroaching vegetation is often treated differently than encroaching structures, however. As a general rule, a property owner may trim overhanging branches or intruding roots back to the property line at their own expense, provided they do not enter the neighbor’s property without permission or unreasonably damage the tree. A tree whose trunk straddles the boundary line may be jointly owned by both neighbors and generally should not be removed by one neighbor alone. Where vegetation causes actual damage, a nuisance claim may also be available.
New Fences
Fences are particularly concerning for property owners because they represent barriers that prevent entry. If a neighbor erects a new fence that encroaches into the land of another property owner, the property owner might be rightfully concerned. “If left unaddressed for many years, a fence could eventually become the legal boundary under the doctrine of “boundary by acquiescence,” which in Utah generally requires, among other things, that the neighbors mutually treat the fence as the boundary for at least 20 years.
Can I Take My Neighbor to Court for Encroachment in Utah?
A property owner can certainly take legal action to address encroachment issues in Utah. In the context of litigation, the end goal is often “ejectment.” An ejectment action asks the court to restore possession of the encroached-upon land to its rightful owner, and property owners often also ask the court to quiet title to the disputed area and to order the neighbor to remove the encroaching structure. Removal is not automatic, however. Utah courts have discretion in fashioning equitable relief and may consider factors such as whether the encroachment was intentional, how large it is, and the relative hardship that removal would cause each party. In some cases, a court may award damages instead of ordering removal, and a neighbor who made improvements in good faith may, in limited circumstances, be entitled to compensation for their value Property owners may also take neighbors to court for civil trespass. Placing a fence, garage, or other structure on someone else’s land without permission is itself a trespass, and a structure that remains in place may be treated as a continuing trespass. Law firms such as Snow Jensen & Reece, P.C. may be able to guide property owners through trespass and ejectment claims.
How Can I Resolve Encroachment Issues Outside of Court?
While legal action is a legitimate option, there are many potential issues to consider when taking a neighbor to court for encroachment. First, the property owner may have to consider the implications of “boundary by acquiescence.” Under this legal doctrine, an established visible feature on the land may become the legal property boundary, even if it is not the actual dividing line between two land plots. For example, two neighbors might spend decades treating an old fence, wall, or line of buildings as the property line, even though the real property line is different. IfIf the legal elements are met, generally, occupation up to a visible line marked by monuments, fences, or buildings, and mutual acquiescence in that line as the boundary by the adjoining landowners for a long period of time, the visible line may become the legal boundary, and title to the land on the neighbor’s side of that line may pass to the neighbor . According to the Office of the Property Rights Ombudsman, the mutual acquiescence in the line must continue for at least 20 years to establish boundary by acquiescence.
Another obvious problem with litigation is the cost and time involved. Although legal action may eventually help address the issue of encroachment, it may take much longer than many property owners realize. In addition, the legal costs may be much higher than they expect, to the point where they begin to wonder whether litigation was truly worth it. As a result, many property owners choose to resolve encroachment issues outside of court. These “alternative dispute resolution” (ADR) processes may involve mediation, arbitration, or more informal discussions. One potential option is to sell the disputed land to the neighbor. Neighbors may also sign and record a boundary line agreement or grant an easement allowing the structure to remain. Because moving a property line typically must comply with the city’s or county’s boundary adjustment requirements, and may require the consent of any mortgage lender, these arrangements should be carefully documented Another option is to hire a surveyor and have an honest discussion about where the property line actually lies. It makes sense to begin these negotiations as early as possible, as neighbors may be far less willing to compromise once they have already invested funds and time into the construction of structures.
Learn More About Encroachment With Snow Jensen & Reece, P.C
A property owner who notices a neighbor building on their land should take action immediately. Those who do nothing about encroachment may eventually lose the opportunity to take legal action. In certain cases, an encroaching neighbor may even acquire legal title to the land in question under doctrines like boundary by acquiescence or adverse possession. Generally speaking, it makes sense to intervene before a neighbor spends excessive amounts of money building a structure. Concerned property owners may take this type of legal action alongside an experienced Utah real estate attorney. A direct conversation with a lawyer could be more instructive than online research, especially given the highly specific nature of encroachment issues. Continue this dialogue by contacting Snow Jensen Reece, P.C. at (435) 628-3688. We serve property owners in Cedar City and St. George.
Vital Frequently Asked Questions About Encroachment Issues and Property Laws
Read further to learn more about property laws and encroachment in Utah from these FAQs.
What Is Encroachment In Utah?
Encroachment occurs when a person builds, places, or allows a structure, object, or improvement to extend onto another person’s property without authorization. Common examples include fences, garages, trees, driveways, and landscaping features that cross a legal property boundary.
What Are Common Examples Of Encroachment?
Common examples include newly constructed garages that extend beyond a property line, fences built on neighboring land, and trees or landscaping features that spread onto adjacent property. Encroachment can also involve structures that interfere with public rights-of-way or municipal property.
Can A Neighbor Be Required To Remove An Encroaching Structure?
In some situations, a court may order the removal of an encroaching structure through an ejectment, quiet title, or injunction action. The outcome often depends on factors such as property surveys, the history of the boundary, the extent of the encroachment, and applicable Utah property laws. Utah courts may also weigh whether the encroachment was intentional and the relative hardship to each party, and in some cases may award damages rather than order removal.
Can Encroachment Lead To A Trespass Claim?
Yes. Because construction on another person’s land generally requires entering that property, encroachment disputes may involve allegations of civil trespass. A trespass claim generally does not require proof of physical damage; an unauthorized intrusion onto another’s land can itself support a claim, although the amount of recoverable damages will depend on the harm caused.
What Is Boundary By Acquiescence?
Boundary by acquiescence is a legal doctrine that may recognize a visible marker as the effective property boundary when neighboring landowners have treated it as the dividing line for a long period of time. In Utah, long-standing features such as fences, walls, or buildings may become significant when evaluating property line disputes. Utah courts generally require (1) occupation up to a visible line marked by monuments, fences, or buildings, (2) mutual acquiescence in the line as a boundary, (3) for at least 20 years, (4) by adjoining landowners. When these elements are met, title to the disputed area may pass even without a court order .
How Does Adverse Possession Affect Encroachment Cases?
Adverse possession may allow an individual to acquire certain rights to land under specific legal circumstances after extended use or occupation. . In Utah, the claimant generally must show that the land was occupied and claimed continuously for at least seven years and that the claimant and their predecessors paid all taxes levied and assessed on the land during that period. Because property taxes are typically assessed according to each parcel’s recorded legal description, a neighbor who encroaches onto a strip of adjoining land often has not paid the taxes on that strip, which can make adverse possession difficult to establish in a typical encroachment dispute. Long-standing use can also support other claims, such as a prescriptive easement, which in Utah generally requires open, notorious, continuous, and adverse use for at least 20 years. Property owners who suspect encroachment may wish to address the issue promptly to avoid potential complications in volving these claims.
Can Encroachment Disputes Be Resolved Without Going To Court?
Many encroachment disputes are resolved through alternative dispute resolution methods such as mediation, arbitration, or direct negotiations. In some cases, neighbors may agree to create an easement, enter into a recorded boundary line agreement or boundary adjustment (which may require city or county approval), or transfer ownership of the disputed land.
Why Is A Property Survey Important In An Encroachment Dispute?
A professional survey can help identify the legal property boundary and clarify whether an encroachment exists. Accurate survey information often provides an important foundation for negotiations, dispute resolution efforts, or litigation.