5.3 Encroachments

Encroachments

An encroachment is the unauthorized, physical intrusion of one owner’s real property into that of another. Common examples include:

• A tree limb extending into a neighbor’s property, violating their airspace
• A driveway or fence built beyond the property line onto a neighbor’s land

Encroachments infringe on the rights of the trespassed owner and may diminish property value, especially when selling. They often do not appear on title records and may only be detected by a survey.

The affected owner may sue for removal or compensation. If no remedial action is taken over a prescribed period, the encroachment may become an easement by prescription.

Check-In Questions

• What is an example of an encroachment?
  A neighbor’s fence built beyond the property line
  A utility easement
  A deed restriction
  A license to fish in a pond
  Show Answer

  Correct Answer: A neighbor’s fence built beyond the property line
  This is a classic example of an encroachment.
• How are encroachments often discovered?
  By title search
  By property survey
  By checking tax records
  By reading the deed
  Show Answer

  Correct Answer: By property survey
  Encroachments are usually revealed by a survey, not by title records.