property
encroachment
An encroachment occurs when a structure or improvement, such as a fence, garage, driveway, or roof overhang, extends illegally onto a neighbor's land or onto a public right-of-way. Encroachments are usually discovered by a property survey rather than a title search. They can cloud title, affect marketability, and may lead to a lawsuit to remove the structure or, over time, to a claim of adverse possession or prescriptive easement.
- Exam tip
- Exams emphasize that a survey, not a title search, is what reveals an encroachment, and that standard title policies often exclude matters a survey would show.
- Example
- A buyer's survey shows the neighbor's shed sits 3 feet over the property line. The buyer's attorney requires the issue to be resolved before closing.
Related terms & state variants
Sources
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Last verified: 2026-10-23