Understanding Encroachment: Types, Impact, and Resolution

Encroachment refers to the unauthorized use or occupation of another person's property, including land, buildings, or other structures. It can also refer to any structure or object that extends beyond the boundaries of a property and into public space, such as a building that overhangs a sidewalk or a fence that crosses onto a neighbor's lawn.

Encroachment can be a civil matter, such as when a neighbor builds a fence on someone else's property without permission, or it can be a criminal matter, such as when someone trespasses on another person's land with the intent to commit a crime.

In real estate, encroachment is often a concern for buyers and sellers, as it can affect the value and use of a property. If a property has an encroachment, it may be difficult to obtain financing or insurance, and it may also limit the property's potential for development or resale.

There are several types of encroachments, including:

1. Structural encroachment: This occurs when a structure, such as a building or fence, extends beyond the boundaries of a property and into public space.
2. Easement encroachment: This occurs when someone builds on an easement, which is a legal right to use another person's property for a specific purpose, such as access to a neighboring property.
3. Boundary encroachment: This occurs when someone builds on or crosses the boundary of a property without permission.
4. Tree encroachment: This occurs when trees or other vegetation from one property extend into another property.
5. Drainage encroachment: This occurs when water or other drainage from one property flows onto another property.

If you suspect that someone has encroached on your property, it is important to consult with an attorney or a real estate expert to determine the best course of action. They can help you understand your legal options and work towards a resolution.