Encroachment
The unauthorized extension of a structure, improvement, or use onto neighboring property beyond legal property boundaries. Encroachments can include fences, driveways, buildings, or landscaping that cross property lines without permission from the neighboring owner.
Example
“The survey revealed that the neighbor's new deck was a two-foot encroachment onto our property line, requiring either removal or a boundary adjustment agreement.”
Memory Tip
Think "ROACH creeping" into your space - an encroachment is like an unwanted pest crossing boundaries where it doesn't belong.
Why It Matters
Encroachments can lead to legal disputes, affect property values, and complicate real estate transactions since lenders may refuse financing until issues are resolved. Buyers should have surveys conducted to identify potential encroachments before closing.
Common Misconception
Minor encroachments like small fence overlaps aren't legally significant, but even small encroachments can create title issues and affect property rights.
In Practice
A property survey reveals that a homeowner's deck extends 2 feet onto their neighbor's property, requiring either removal, renegotiation of property lines, or a formal easement agreement before the sale can proceed. Title insurance companies often require resolution of encroachment issues before issuing policies.
Etymology
From Old French "encrochier" meaning "to seize with hooks," this term originally described aggressive military advances but evolved to describe property boundary violations.
Common Misspellings
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