Encroachment
Standard Definition
The unauthorized physical intrusion of an improvement (e.g., a fence, driveway, or roof overhang) onto a neighboring property.
Detailed Examination Analysis
An encroachment occurs when a physical structure extends past the property line onto a neighboring parcel. Encroachments are civil matters, not criminal, and can cloud the title of both properties. They are typically discovered during property surveys and resolved through boundary agreements or by moving the structure.
Real-World Examination Scenario
"A homeowner builds a new wood fence. A survey reveals the fence is located 1 foot past the property boundary on the neighbor's land. This fence is an encroachment, and the neighbor can require that it be moved."
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