Encroachments

Encroachment is the intrusion of one person’s property or rights into space beyond a legally defined boundary. It most commonly involves buildings, fences, or land use that extend into a neighboring parcel, but can also concern natural features, utility lines, or rights of way. Encroachment often arises from boundary ambiguities, imperfect surveys, or deliberate expansion.

Common types include: land encroachment, where a structure or land use crosses into a neighbor’s parcel; boundary encroachment, involving uncertain or disputed boundary lines; environmental encroachment, where shifting rivers, coastlines, or drainage affect adjacent property; and right-of-way encroachment, where private activity impedes public or utility corridors.

Causes include outdated deeds, inaccurate surveys, erosion, subsidence, or changes in natural features. Detection typically requires title checks, cadastral maps, and professional boundary surveys. Resolving encroachments often relies on negotiation, mediation, or formal proceedings when boundaries cannot be agreed.

Legal responses vary by jurisdiction but commonly treat encroachment as a civil matter. Remedies may include injunctions to halt further encroachment, orders to remove or modify encroaching structures, damages, or boundary adjustments. In some cases, the parties may negotiate easements, compensation, or the transfer of land to restore the original boundary. Courts may appoint expert surveyors to determine boundaries.

Prevention emphasizes clear title registration, precise surveys, and clearly marked boundaries before development. Regular boundary checks, fencing, and formal easements help reduce risk. Efficient land administration and cadastral systems aid early detection and resolution of encroachments, preserving property rights and neighborly relations.