Encroachment
A structure that extends onto land it does not belong on.
A fence three feet over the line, a garage eave crossing a setback, or a driveway paved into a utility strip are all encroachments. They show up on surveys, not in title records.
Left alone long enough, an encroachment can mature into a prescriptive right or an adverse possession claim.
Why it matters when you buy
Unresolved encroachments become the buyer's problem at closing and can block a future sale or permit.
Related terms
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
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