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Encroachment

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Definition

An encroachment occurs when a neighbor's fence, tree, or structure extends onto your property (or yours extends onto theirs). It can create legal disputes unless formalized as an easement.

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About this term

An encroachment occurs when a physical structure extends beyond its intended property line onto someone else's property. Common examples include fences built on the wrong line, tree branches overhanging a neighbor's property, or a garage corner extending into a neighbor's lot. Encroachments can create legal disputes and may need to be corrected through removal or obtaining an easement/license from the affected party. Surveys often reveal encroachments that haven't been formalized as easements.

Pro Tip

Get a survey to identify encroachments. They may need legal resolution.

Example

A survey revealed the neighbor's shed was encroaching 2 feet onto the subject property.

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