Encroachments constitute a trespass of a continuing character. An injunction will ordinarily issue to prevent the encroachment or to compel the removal of encroaching structures, where the resulting injury to the complainant is otherwise irreparable.
Courts have enjoined encroachments by:
- buildings or portions of buildings
- party walls, though courts have also refused to grant an injunction to compel a co-owner of a party wall to remove an encroachment.
- partition or retaining walls.
- overhanging walls.
The general rule is that courts issue mandatory injunctions to remove encroachments. An exception to the rule applies where such an injunction would be oppressive. [i]
[i] Proctor v. Huntington, 146 Wash. App. 836, 192 P.3d 958 (Div. 2 2008).