What Is an Encroachment and How Do I Get It Removed in Nevada?

Common encroachments in Las Vegas

The disputes we see most often involve:

• Block walls and fences built off the true lot line
• Driveways and RV pads crossing a few feet onto a neighbor
• Garages, casitas, and room additions over the line
• Roof overhangs, eaves, and air-conditioning units
• Landscaping, trees, and irrigation lines

Step 1: Prove the line

No court orders removal without reliable evidence of the boundary. Hire a licensed Nevada land surveyor and have the encroachment located on a survey map. This document becomes the foundation of any demand, negotiation, or lawsuit.

Step 2: Choose a remedy

You have more options than 'tear it down':

• Removal — the neighbor removes or relocates the improvement at their cost
• Recorded easement or license — the improvement stays, with terms in writing
• Sale of the strip — you deed the affected area to the neighbor, often with a lot line adjustment
• Boundary line agreement — both owners record an agreed line
• Litigation — trespass, nuisance, quiet title, and a request for a mandatory injunction

Will a court always order removal?

Not always. Nevada courts balance hardships. Where an encroachment is small, was built innocently, and removal would cost far more than the harm to the owner, a court may award damages or require payment for the strip instead of removal. Deliberate encroachments — built after warning — are far more likely to be ordered removed. Document your objections early; silence can be argued as acquiescence.

Watch the clock

Delay creates risk. Long-standing encroachments can ripen into prescriptive easements or support acquiescence arguments, and trespass claims carry limitation periods. If you discover an encroachment, send a written objection promptly even while you negotiate — it preserves your position.

Buying or selling with an encroachment

Title companies flag encroachments found by survey, and buyers' lenders may refuse to close until the issue is resolved or insured over. If you are buying, get a survey or an ALTA endorsement. If you are selling, resolve or disclose the encroachment before listing — it is far cheaper to fix on your timeline than in the middle of escrow.