What is encroachment on a property?
Encroachment is when a structure, fence, driveway, or landscaping crosses the legal boundary onto a neighboring property without permission.
Encroachment is a physical invasion of another person's land. Common examples include a fence built a foot over the line, a shed that straddles the boundary, or a driveway that extends onto the neighbor's lot.
An encroachment is not the same as an easement. An easement is a recorded right to use part of a property. An encroachment is an unauthorized use that may become a prescriptive easement or adverse possession claim over time.
Encroachments are best resolved before closing. A survey can reveal them, and a title policy may or may not cover them depending on whether they are recorded or visible.
What to look for
- A current survey that compares fences and structures to the legal boundary.
- Recorded easements or agreements that might authorize the overlap.
- Signs of long-standing use that could ripen into a prescriptive claim.
- Neighbor correspondence about boundary disputes or encroachments.
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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