What is an encroachment?
An encroachment is a structure or use that physically crosses onto a neighbor's side of the property line.
An encroachment is a structure or improvement that intrudes onto a neighbor’s property.
Where the word "Encroachment" comes from
Encroachment comes from the Old French encrochier, to seize or intrude. It describes a physical intrusion across a boundary that interferes with the neighbor's rights, a concept as old as property boundaries themselves.
Why Encroachment matters
It can block a sale, trigger a lawsuit, or grow into a prescriptive claim if ignored. Catching it early keeps a small problem from becoming a permanent loss of land, which is why surveys are recommended before building or buying near a boundary.
Common confusion about Encroachment
An encroachment is a physical intrusion, while a boundary dispute is a disagreement about where the line is. An encroachment may evidence a bad survey, but the two are not identical, and a fence can be an encroachment even when both owners agree on the boundary line.
A real-world example of Encroachment
You build a fence two feet onto the neighbor's lot, or a tree's branches overhang their yard. That physical intrusion is an encroachment the neighbor can demand be removed or sue over, even if it was built in good faith.
A worked example of Encroachment
A homeowner builds a shed that sits three feet over the line. The neighbor surveys, discovers the intrusion, and demands removal. Rather than litigate, they sign a written license allowing the shed for a fee, which also prevents a future adverse possession claim by documenting the neighbor's permission. If no agreement is reached, the neighbor can seek a court order to remove the shed at the owner's expense, so the written license is usually the cheaper path for both sides.
How Encroachment works in practice
Get a survey before building anything near a boundary, because an encroachment can block a future sale or trigger a lawsuit. If you discover one, address it early with a written agreement or removal rather than letting it sit, since tolerance can strengthen the neighbor's claim against you and complicate any later sale, and a recorded agreement protects both sides.
Questions about Encroachment
What should I do if a fence crosses my line?
Survey first, then talk to the neighbor or seek a written agreement.
Can an encroachment become legal?
Possibly through adverse possession if ignored for the statutory period.
Will it block my sale?
It can; many buyers want it resolved before closing.
Who pays to fix an encroachment?
Usually the owner who built it, unless the neighbor agreed.