Final answer:
A property owner typically has a few years to take legal action against a neighbor who has encroached on their property, as determined by local statutes. Zoning laws and clearly defined property rights are essential in such disputes, and legal representation is highly recommended.
Step-by-step explanation:
When a property owner discovers that a neighbor has built a structure on their property, the time frame in which they must take action is typically governed by local and state statutes, often referred to as the statute of limitations. This time frame can vary significantly by jurisdiction, but generally, a property owner has a few years from the date of discovery to initiate legal action to resolve the trespass or encroachment. In addressing such matters, zoning laws and property rights are central to determining the outcome of the dispute. As property rights define legal ownership and usage—and thereby any infringements that require compensation—zoning appeals boards may become involved to address and resolve these issues. Legal representation is highly recommended due to the specialized nature of the law in such cases.
Coase's theorem underscores the importance of well-defined property rights in resolving disputes; if one party has a clear property right, they are responsible for finding and funding a solution to minimize risk or damage. Zoning laws, such as those established first in New York City in 1916, are critical to this process. They regulate land-use and can determine, via the mechanism of spot zoning, whether a property's use can be distinct from surrounding properties.