Encroachment is the unauthorized intrusion or extension of a property owner's structure, such as a building, fence, or other improvements, onto an adjacent owner's property. It occurs when a physical boundary, such as a property line or easement, is crossed or violated, resulting in a portion of one person's property overlapping onto another person's land.
Encroachment can take various forms, such as a neighbor's fence extending beyond their property line, a building encroaching onto an adjacent property, or vegetation from one property growing onto another. It can happen unintentionally, such as when property boundaries are unclear or disputed. In some cases, it may also be deliberate, where a property owner knowingly encroaches on a neighbor's land without permission.
Encroachments can lead to legal disputes between property owners. The affected party may attempt to rectify the situation through negotiations, boundary agreements, or legal action, depending on the severity of the encroachment and the willingness of the parties to resolve the issue amicably. In some cases, a professional land survey may be necessary to determine the accurate property lines and assess the extent of the encroachment. Property records and title documents can also be examined to clarify ownership boundaries.
In certain situations, an easement may allow one party to use or access a portion of another party's property. However, even with an easement, there are usually specific restrictions on the use and limitations to prevent excessive encroachment.
If an encroachment is confirmed, potential remedies include removing the encroaching structure, compensating the affected party for using the encroached land, or establishing a legal agreement to address the encroachment.