What is Encroachment in Real Estate?

In real estate, Encroachment is when a structure or improvement—like a fence, driveway, or building—extends onto another person's property without permission, potentially leading to legal disputes or title issues.

Some common examples of encroachments include:

  • Fence built over the property line
  • Driveway or parking pad extending onto a neighbor’s land
  • Roof overhangs or gutters crossing the boundary
  • Tree branches or roots encroaching onto another property
  • Sheds, garages, or additions built past the property line
  • Retaining walls or decorative structures extending onto adjacent property