What is encroachment property law?

Encroachment is defined as one property owner violating their neighbor’s rights by building or extending some feature and crossing onto their neighbor’s property lines. Your neighbor builds a fence, and it extends onto your property. A structural addition to their home extends beyond the legal property boundaries.

When does an encroachment arise under property law?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Encroachments arise under property law. An encroachment occurs when some structure either partially or entirely is placed upon a neighbor’s property.

Can a property owner be sued for encroachment?

There are several ways an encroachment can be created, ranging from intentional acts to honest mistakes. Remedying an encroachment may require legal action, such as paying the property owner for use of the property or a court-ordered removal of the encroachment structure. Property encroachment often occurs between neighboring properties.

What are the legal remedies for property encroachment?

The individual with the property encroachment will typically consider 1 of 2 legal remedies when protecting their encroachment: adverse possession and prescriptive easement. Both of these legal remedies aims to reduce litigation and preserve the peace by protecting the individual with long-standing possession.

How are structural encroachments similar to adverse possession?

Structural encroachments may also be created out of necessity, by accident, or by prescription (similar to adverse possession). The individual with the property encroachment will typically consider 1 of 2 legal remedies when protecting their encroachment: adverse possession and prescriptive easement.

What is legal encroachment?

Legal Definition of encroachment. 1 : an act or instance of encroaching. 2 : something (as a structure) that encroaches on another’s land possession of the one-foot encroachment.

What is an encroachment property?

In property law, an encroachment is an intrusion on the land or property owned by another. Real estate encroachments commonly occur when one property owner violates the property rights of an adjacent property owner by building on that neighbor’s land.

What is encroachment in real estate?

What is Encroachment. Encroachment is a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor’s land or property.