Legal Definitions - incroachment

The term "incroachment" is an archaic spelling of encroachment. In modern legal contexts, the correct and commonly used term is "encroachment."

An encroachment refers to an unauthorized intrusion or invasion of one person's property onto the property of another. This typically involves a physical structure, object, or natural element that extends beyond a property line without permission, thereby interfering with the adjacent property owner's rights or use of their land. Encroachments can lead to legal disputes regarding property boundaries and ownership.

Here are some examples to illustrate this concept:

• Example 1: Misplaced Fence

  A homeowner, Mr. Henderson, decides to install a new privacy fence around his backyard. Due to an inaccurate survey or a simple mistake, a section of the fence is inadvertently built six inches onto his neighbor Ms. Rodriguez's property. This section of the fence constitutes an encroachment because Mr. Henderson's structure has intruded upon Ms. Rodriguez's land without her permission, even if the intrusion is minor.

• Example 2: Overhanging Tree Branches

  Ms. Chen has a large, mature oak tree in her yard, close to the property line. Over many years, several of its substantial branches have grown significantly, extending far over her neighbor Mr. Davies's driveway and part of his roof. During storms, these branches drop leaves, acorns, and small twigs onto Mr. Davies's property, and he is concerned about potential damage to his car or house. The overhanging branches from Ms. Chen's tree represent an encroachment because a natural element originating from her property is intruding upon Mr. Davies's airspace and property, affecting his use and enjoyment of his land.

• Example 3: Building Foundation Extension

  A commercial developer constructs a new office building in a bustling city. After the foundation is laid and construction is underway, a routine inspection reveals that a small portion of the building's underground foundation footings extends several inches beneath the adjacent public sidewalk. This unauthorized extension of the building's structure onto public land is an encroachment. The developer would likely be required to either remove the encroaching portion, obtain an easement from the city, or face penalties for illegally occupying public property.