What is encroachment?

• A. Intrusion on a person's territory, rights, etc
• B. A boundary adjustment agreement
• C. A property tax assessment
• D. A deed restriction

Answer: (A)

Encroachment is intrusion on a person’s property or rights when something from one property crosses onto another’s boundary. This can be a building, a fence, a driveway, tree branches or roots, or any use that physically extends beyond the legal line into a neighbor’s land. It creates a potential dispute that may require action to stop the intrusion or to remove or modify the offending item, often after a survey or legal agreement.

This isn’t about changing where the boundary lies through an agreement, which is what a boundary adjustment involves. It isn’t about how property is taxed or assessed for taxes. It isn’t about limits placed on property use via a deed restriction. The essence of encroachment is the actual crossing of a boundary onto someone else’s property.