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.
