What Does Encroachment Mean?

In real estate, encroachment means one property owner is violating the rights of another by building on or extending a structure to the neighbor's land or property intentionally or otherwise. Encroachment can be a problem along disputed property lines.

Understanding Encroachment

Property and land surveys are an important part of homeownership. Not only do they help determine 澳洲幸运5官方开奖结果体彩网:property value, but they also help establish property lines and boundaries. Professional surveyors are responsible for completing these surveys. Many homeowners get their first survey when they apply for a mortgage because lenders require them to ensure the loan matches the property's value. Property owners can get surveys completed at any time—e𓄧specially when someone disputes or encroaches on property lines.

Encroachment happens when someone traverses boundaries outlined in a survey, violating the property rights of another property owner. Encroaching on someone else's propert🏅y is akin to trespassing—that is, entering another person's grounds without their express permission. A homeowner encroaches on their neighbor's property if they build a new structure, add to an existing structure, or extend their fence beyond the lawful boundaries that separate both properties.

Some property owners encroach on their neighbors by knowingly going beyond their property lines. Someone who builds a fence or makes an addition to their home despite knowing of the property lines does so intentionally. But in most cases, encroachment is unintentional—when a property owner is either unaware of or has wrong information about legal boundaries. For instance, a property owner may unintentionally encroach on a neighbor's property by allowing a hedge or a tree limb to grow beyond property limits.

Structural encroachment occurs when a property owner builds or extends a structure onto the public domain such as sidewalks or roads. In most cases, sidewalks and residential streets are generally public property owned by the municipal government. This means that a property owner who builds a driveway or erects landscape components—trees, bushes, and flowers—that encroach on public property, may have the structures removed by the government. Furthermore, the property owner may not be compensated for any damages that occur from tearing down his or 🦩her structures.

Special Considerations

Since a property survey outlines the 澳洲幸运5官方开奖结果体彩网:physical layouts of a property including the measurement of metes and bounds, wrong information contained in the survey may lead to a physical intrusion on a neighbor’s land. Unintentional encroachment problems are sometimes resolved with a simple conversation between both part♋ies. However, if the disagreement on whether someone’s prope🎐rty right was violated persists, the issue may be taken to court for a resolution.

While encroachment may occur without the knowledge of the violator, property owners should carry out 澳洲幸运5官方开奖结果体彩网:due diligence before erecting any structures that may fall close to the boundary that separates their property from anothe🌄r. Property owners wishing to make changes near their property lines may want to talk to their neighbors or have a land sওurvey done to make sure the work falls within their own property boundaries.

The Bottom Line

Encroachment in real estate commonly involves disputed boundaries separating the properties of neighbors. One neighbor encroaching on another's property might be unintentional, but in some cases it might be intentional if the violator believes he has a right to the disputed land.

Land surveys clear up most property disputes and can help avoid such disputes if they are soug🐻ht before beginning any building projects near a property line. In some cases, an easement provides agreed-upon access to a portion of property.