Legal Definitions - encroach

To encroach means to gradually and often subtly intrude upon, trespass on, or unlawfully take over someone else's property, rights, or territory.

Here are a few examples to illustrate this concept:

• Physical Property: Imagine a homeowner who plants a small tree near their property line. Over many years, the tree grows significantly, and its roots spread deep into the neighbor's yard, causing damage to their underground irrigation system. The tree's roots are encroaching on the neighbor's property.

  Explanation: The tree's root system gradually and without permission intrudes upon the neighbor's land, affecting their use and enjoyment of their property, which is a form of encroachment.

• Public Space/Resources: A popular beachfront restaurant decides to expand its outdoor seating area. Without obtaining the necessary permits, they place tables and chairs further and further onto the public beach, slowly occupying space that was previously accessible to all beachgoers.

  Explanation: By progressively taking over more of the public beach for private commercial use, the restaurant is encroaching upon public land and the public's right to freely use that space.

• Legal Rights/Authority: A new city ordinance is passed that requires all residents to submit their personal financial records to a municipal committee for review, even if they are not applying for any city services or benefits. Many citizens argue this goes beyond the city's legal authority.

  Explanation: The city government, through this ordinance, is encroaching upon the privacy rights of its citizens by gradually expanding its authority into an area traditionally considered private and protected, without a clear legal basis.