Encroachment in real estate refers to a fence, building, or other structure extending into the property of another owner. Communities often enforce building setbacks requiring a certain clearance between the property line and any structure. If built within this distance, such a structure is considered an encroachment.
What is Encroachment in Real Estate?
Encroachment occurs when a structure like a fence extends beyond its owner’s property into another owner’s space. This can lead to disputes over usage and ownership boundaries.
Understanding Building Setbacks
Building setbacks are regulations requiring structures to be built a certain distance from property lines to avoid encroachment. Structures violating this distance are regarded as encroachments.
Common Examples of Encroachment
Example 1: The Misplaced Wood Fence
A wooden fence meant to divide properties might be erected too far on one side of the property line. This gives one owner more land usage while restricting the other, leading to potential disputes.
Example 2: Overextended Home Extension
Consider a homeowner extending their garage or home addition into a neighboring yard. This too constitutes an encroachment by violating property boundaries.
Survey for Property Transfer
Encroachments should be noted on property surveys, crucial for clearly defining property boundaries during the transfer of property.
Dealing with Encroachments
Dealing with encroachments involves reviewing property surveys, negotiating with neighbors, or seeking legal remedies if necessary. Understanding the extent and nature of encroachment is crucial for resolving disputes amicably.
Related Terms: Adverse possession, Easement, Property Survey, Setbacks.
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### What does the term "encroachment" refer to in real estate?
- [ ] A dispute between neighbors
- [x] A structure extending into another owner's property
- [ ] An increase in property value
- [ ] A reduction in property taxes
> **Explanation:** In real estate, encroachment refers to a situation where a fence, building, or other structure extends into the property of another owner. This can include unauthorized constructions extending beyond property lines or required building setbacks.
### What is often the purpose of building setbacks in real estate?
- [ ] To increase property value
- [ ] To decrease property taxes
- [ ] To encourage property disputes
- [x] To ensure clearance between any structure and property lines
> **Explanation:** Building setbacks are enforced to maintain a certain distance of clearance between property lines and any structures. This helps in organizing space usage, maintaining privacy, and ensuring safety.
### Which of these is a common example of an encroachment?
- [x] A wood fence built too far to one side of a property line
- [ ] A shared driveway
- [ ] A garage sale
- [ ] A public park next to private property
> **Explanation:** A common example of encroachment is when a wood fence is built too far to one side of a property line, giving one owner access to more land than they legally own while restricting the other owner's use of their own property.
### What should be done to properly address and document encroachments during a property transfer?
- [ ] Ignore them
- [x] Note them on the survey prepared for the property transfer
- [ ] Request a tax reduction
- [ ] Submit a police report
> **Explanation:** Encroachments should be noted on the survey prepared for the transfer of property. This ensures all parties are aware of the encroachments and any impacts they might have on property boundaries and legal ownership.
### Why might encroachments lead to disputes between property owners?
- [ ] They often involve financial investments
- [ ] They often relate to shared utilities
- [ ] They often cause aesthetic disagreements
- [x] They often result in one owner having more land than they legally own
> **Explanation:** Encroachments can lead to disputes because they result in one property owner using more land than they legally own, while the other property owner cannot access the full area of their property, often leading to conflicts and the need for legal resolution.
