encroachment

(ĕn-krōch'mənt)
n.

1. The act or an instance of encroaching.
2. Football. A violation of the rules in which a player enters the neutral zone and makes contact with an opponent prior to the snap of the ball.

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

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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

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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.

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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.

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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

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