Definition
Encroachment occurs when a structure, fence, driveway, or any other physical improvement extends beyond a property’s legal boundaries onto a neighboring property or public land. This can create disputes between property owners and, in some cases, legal action may be required to resolve the issue.
Explanation
Encroachments can be intentional or unintentional. Sometimes, a homeowner may accidentally build a structure that crosses onto a neighbor’s land due to incorrect property line assumptions. Other times, a neighbor may knowingly place a structure—such as a shed, fence, or tree—on land they do not own.
Encroachments can affect property value and create title issues when selling a home. If a survey reveals an encroachment, the affected parties may need to negotiate a solution, such as adjusting the property line, granting an easement, or removing the encroaching structure.
Example
A homeowner builds a new fence, assuming their property extends five feet farther than it actually does. After a land survey, the neighbor discovers that part of the fence encroaches onto their property. The neighbor can request that the fence be removed, or they may agree to sign an easement agreement, allowing the fence to remain in place legally.