Encroachment

Encroachment

Encroachment refers to the intrusion or advancement of one property owner’s physical structures or activities onto another property owner’s land without permission. This can occur with buildings, fences, driveways, or even trees.

In real estate, encroachment can lead to disputes between neighbors, as it can infringe upon the rights of the property owner whose land has been encroached upon. For example, if a neighbor builds a fence that extends several feet onto your property line, this would be considered an encroachment.

Legal consequences of encroachment can vary depending on the jurisdiction and the specifics of the situation. The affected property owner may have the right to demand the removal of the encroaching structure or to seek compensation for any damages resulting from the encroachment.

In some cases, if the encroachment has been in place for a significant period, the encroaching party may claim "adverse possession," which allows them to gain legal ownership of the encroached land under certain conditions.

Overall, encroachment is a significant consideration in property law, and property owners should be aware of their land boundaries to prevent potential disputes.