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.
Over the Line
Choose the best answer for each question, then select Check Answers.
What is an example of an encroachment?
This is a classic example of an encroachment.
How are encroachments often discovered?
Encroachments are usually revealed by a survey, not by title records.
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