encroachment

View more Business & Finance videos

Building, part of a building, or obstruction that physically intrudes upon, overlaps, or trespasses upon the property of another; verified by a survey.

Previous:	Encroach, Encoding, Enabling Clause
Next:	Encryption, Encumbrance, End User

A building, a part of a building, or an obstruction that physically intrudes upon, overlaps, or trespasses upon the property of another.


Example: A part of the building on lot A is an encroachment on lot B. This situation probably occurred because of a faulty survey of lot A (Figure 64).

FIG. 64. ENCROACHMENT

Previous:	Encapsule, Empty Nesters
Next:	Encumber, Encumbrance

noun

An advance beyond proper or legal limits: entrenchment, impingement, infringement, intrusion, obtrusion, trespass. See enter/exit.

The unauthorized extension of a building, or part thereof, on the land of another.

---

This entry contains information applicable to United States law only.

An illegal intrusion in a highway or navigable river, with or without obstruction. An encroachment upon a street or highway is a fixture, such as a wall or fence, which illegally intrudes into or invades the highway or encloses a portion of it, diminishing its width or area, but without closing it to public travel.

In the law of easements, where the owner of an easement alters the dominant tenement so as to impose an additional restriction or burden on the servient tenement, he or she is said to commit an encroachment.

A situation in real estate where a property owner violates the property rights of his neighbor by building something on the neighbor's land or by allowing something to hang over onto the neighbor's property. Encroachment can be a problem along property lines when a property owner is not aware of his property boundaries or intentionally chooses to violate his neighbor's boundaries.

This is also known as structural encroachment.

Investopedia Says:

Encroachment problems are sometimes resolved with a simple conversation, but other times these problems must be taken to court. Because of this, potential homebuyers are advised to avoid properties with encroachment issues. Property owners wishing to make changes near their property lines may want to talk to their neighbors and/or have a land survey done to make sure the work falls within their own property's boundaries.

An easement is similar to an encroachment in that the use of one party's property by another party. However, easements are agreed upon by both parties and compensation is often involved, whereas encroachment is unwanted by one party.

Related Links:
Find out how best to claim and convey ownership on your assets. Holding Titles On Real Property
Your house depreciates over time, while the land beneath it is likely to do the opposite. Top 4 Things That Determine A Home's Value
These simple projects can add value to your property without taking too much out of your wallet. Do-It-Yourself Projects To Boost Home Value
A "for sale" sign won't sell your house. Find out what it takes and whether you can do it all yourself. 7 Things To Consider Before Selling Your Own Home
These mistakes will blow your cool - your budget is likely to follow. Top 8 House-Hunting Mistakes

For a list of words related to encroachment, see:

• Deeds, Leases, and Real Property Law - encroachment: unauthorized occupancy or trespass upon another’s property, esp. by structure or improvement
• Football

---

This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)