Legal Definitions - encroachment

Encroachment refers to a situation where a physical structure or object from one property extends onto or into a neighboring property without authorization.

It is an unauthorized intrusion by a physical element, whether above or below the ground, onto someone else's land or into their airspace.

• Example 1: Misplaced Fence

  A homeowner decides to replace an old fence along their property line. After the new fence is installed, their neighbor discovers through a survey that a section of the fence actually sits six inches onto their property, rather than precisely on the boundary line.

  This illustrates an encroachment because the new fence, a physical structure, has intruded onto the neighbor's land without their permission, even if the placement was accidental.

• Example 2: Underground Utility Line

  A developer installs a new water main for a residential subdivision. Due to an error in the plans, a portion of the underground pipe inadvertently crosses several feet beneath the surface of an adjacent, undeveloped private lot that belongs to a different owner.

  This is an encroachment because the water pipe, a physical object, has extended below the surface of the neighboring property without the owner's consent, constituting an unauthorized intrusion.

• Example 3: Overhanging Balcony

  A multi-story apartment building is constructed with balconies. One of the balconies on an upper floor extends slightly beyond the property line, hanging directly over a small portion of the adjacent commercial building's roof.

  This demonstrates an encroachment because the balcony, a physical part of the apartment building, intrudes into the airspace above the neighboring commercial property without authorization.