What Does Encroachment Mean in Real Estate?

By definition an encroachment is an intrusion on a person’s territory, rights, etc. In real estate we typically see the term encroachment used to describe items that are on the wrong property. Here are some common examples.

1. Adjoining property fence located onto subject property. The adjoining property is any property that joins up next to our property or is more commonly known as your neighbor. The subject property is a fancy way of saying our property. In this example, the neighbor’s fence is located on to our property. Because the fence does not belong to us, and it is located on our property that fence is considered an encroachment.
2. Subject property concrete located onto adjoining property. In this example our concrete is located onto the neighbor’s property. The portion of the concrete that is located on the neighbor’s property is an encroachment.
3. Subject property landscaping blocks located onto adjoining property. In this example our landscaping blocks are located onto the neighbor’s property. The portion of the blocks that is located over the property line is an encroachment.

In essence, encroachments are items that are located on the “wrong” property. Encroachments can be corrected by several resolutions, including the removal of the items or the creation of a legal document to give permission for those items.  Those written documents are commonly known as easements or license agreements. Attorneys are typically utilized for their services to create these documents which can then be recorded at the recorder of deeds office. This will ensure that the agreement can be followed with the sale of any property and can potentially be enjoyed by future owners.

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