encroachment

Encroachment refers to the intrusion of one person’s space, rights, or property by another’s structure, use, or activities. In real property and land law, it most often describes a building, fence, driveway, or other improvement that extends beyond a landowner’s boundary onto neighboring land, or into an easement or protected area. Encroachment can result from survey errors, ambiguous property descriptions, or deliberate actions.

Types of encroachment include property encroachment (physical structures or features that cross the boundary), right-of-way or easement encroachment (use of a neighbor’s designated path or access area beyond its permitted scope), and environmental encroachment (development that intrudes into wetlands, rivers, or wildlife habitat, or violates protected zones). Infrastructure projects such as roads or utilities may also encroach on adjacent parcels.

Causes often involve unclear or inaccurate surveys, historical boundary changes, improper construction, or disputes between neighbors. The consequences can include legal disputes, diminished property values, safety concerns, and strained relationships between property owners.

Legal remedies vary by jurisdiction but commonly include injunctions to stop the encroachment, removal or relocation of the encroaching structure, monetary damages, or boundary adjustments and new easement agreements. Resolution may involve parties negotiating a settlement, obtaining a formal survey or title report, or pursuing a court action to quiet title or determine boundaries.

Detection typically relies on land surveys, title evidence, and inspection. Settlements may result in compensating the encroached landowner, adjusting boundaries, or formalizing an easement to allow ongoing use without further invasion.