Encroachment: Overview, definition, and example
What is encroachment?
Encroachment refers to the intrusion or violation of one party’s legal rights over property or land by another party. In a property context, it typically occurs when a structure, object, or activity extends onto land that is owned by someone else, without their permission. Encroachments can be intentional or unintentional and may involve physical structures, such as buildings, fences, or other improvements, that cross property boundaries.
For example, if a neighbor builds a fence that extends a few feet onto your property, that is an encroachment.
Why is encroachment important?
Encroachment is important because it can lead to legal disputes between property owners, especially if one party feels that their property rights are being violated. Encroachments can also affect property values, legal ownership, and land use. In some cases, an encroachment might be resolved through negotiation, while in others, it may require legal action to remove or remedy the situation.
For businesses and property owners, it is essential to understand the potential for encroachments when acquiring property or when making changes to existing properties to avoid legal and financial complications.
Understanding encroachment through an example
Imagine a homeowner who builds a garage on their property but unknowingly places part of the structure on the neighbor’s land. The neighbor could raise a legal claim for encroachment, and the homeowner might be required to remove or modify the garage to respect the property line.
In another example, a commercial property owner might extend a fence to include an area of land that belongs to a neighboring business. If the neighbor objects, the business owner may need to adjust the fence or reach a legal agreement to resolve the encroachment.
An example of an encroachment clause
Here’s how an encroachment clause might look in a contract or property agreement:
"The Seller represents and warrants that no encroachments exist on the Property as of the date of this Agreement. The Buyer acknowledges that they have conducted a survey of the Property and agrees to address any encroachments identified post-purchase at their own expense."
Conclusion
Encroachment involves the illegal or unauthorized intrusion onto another party’s property and can result in legal disputes or financial consequences. For property owners and businesses, it is essential to be aware of potential encroachments when acquiring, selling, or developing land to protect ownership rights and avoid conflicts. Ensuring clear property boundaries through surveys and legal agreements is key to preventing encroachment issues.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.