Glossary

Encroachment

Definition

Real estate encroachment occurs when a property owner intentionally or unintentionally crosses a property boundary by building or extending a structure or natural feature onto a neighbor’s land without permission. This violation can involve fences, buildings, driveways, trees or overhanging branches intruding onto adjoining property.

Key Aspects of Encroachment

Common Examples of Encroachment

TypeDescriptionReal-World Example
Fence OverlapA neighbor builds a fence that crosses onto your property line.A fence extending several inches or feet into a neighbor’s yard requiring resolution.
Structures Crossing LinesDeck, balcony, shed or garage built partially on adjacent land.A balcony cantilevered over the property line or a shed straddling two parcels.
Driveways or WalkwaysPaths or driveways overlapping the boundary line.A shared driveway that encroaches a few feet onto your lot.
Tree Branches/RootsOverhanging limbs or invasive roots growing into neighboring property.Large branches dropping leaves on your yard or roots damaging underground utilities.
Encroachment on Public LandProperty improvements extending onto sidewalks or roads owned by local government.Paving a portion of the sidewalk in front of your home without permits.

Real-World Impacts

Resolving Encroachment

Summary

Encroachment refers to unauthorized physical intrusions across property lines—common examples include fences, structures, driveways and trees. Because it infringes on property rights, encroachment can affect property values, complicate real estate transactions and strain neighbor relations. Promptly identifying and resolving encroachments helps protect property interests and maintain neighborhood harmony.

Michael McCleskey