Encroachment
Definition and meaning of Encroachment in real estate.
Encroachment is the unauthorized extension of a building, structure, or other physical improvement from one landowner's property onto an adjacent neighbor's property. This issue represents a violation of the neighbor's property rights and can create significant title clouds during a real estate transaction.
In more detail
Encroachments are typically discovered when a professional land survey is performed during the home buying process. Common examples include fences, driveways, sheds, or overhanging tree branches that cross the official property boundary line. If left unaddressed, an encroachment can lead to disputes between neighbors and make it difficult for the affected owner to secure title insurance or sell the property.
Resolving the issue may involve negotiating an easement, selling the disputed land portion to the neighbor, or seeking a court order to have the encroaching structure removed.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| How discovered | Property survey or boundary line inspection |
| Potential risk | Title defects and future property disputes |
| Resolution options | Easements, property line adjustments, or removal |
A homeowner builds a new wooden privacy fence that inadvertently runs two feet past their property line, standing entirely on their neighbor's lawn.
Frequently asked questions
Is an encroachment the same as an easement?
No, an encroachment is an unauthorized intrusion on property, whereas an easement is a legal agreement granting permission to use a portion of another's land.
How do you resolve a property encroachment?
Property owners can resolve it through a mutual agreement like a boundary line adjustment, a formal easement, or legal action if the neighbor refuses to cooperate.
Related terms
Sources & references
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