Acquiescence, delay, or laches may defeat the right to an injunction to compel the removal of an encroachment, if it existed for an unreasonable length of time before action is taken.[i] However, the doctrine of laches does not bar a neighbor from obtaining a judgment directing adjoining landowners to remove an encroaching fence where the adjoining landowners were informed that the neighbor thought the fence was an encroachment but the adjoining landowners continued with the installation.[ii]

By acts or conduct leading the defendant reasonably to believe that s/he could encroach with impunity, a plaintiff may be estopped from obtaining a mandatory injunction for the removal of an encroachment.[iii]

[i] Pomilio v. Caserta, 42 Del. Ch. 535, 215 A.2d 924 (1965)

[ii] Cohen v. Krantz, 227 A.D.2d 581, 643 N.Y.S.2d 612 (2d Dep’t 1996)

[iii] McCartney v. Schuette, 243 Iowa 1358, 54 N.W.2d 462 (1952)