What defines an encroachment in real estate?

An encroachment in real estate specifically refers to a situation where a property owner infringes upon the lawful boundaries of a neighboring property, thereby violating the neighboring owner's right to possession. This typically occurs when structures such as fences, buildings, or trees extend beyond the property lines into adjoining land. Encroachment can lead to disputes between property owners, as it is perceived as an unauthorized intrusion that affects the use and enjoyment of the neighbor's property.

Understanding encroachments is crucial for property owners and real estate professionals because they can result in legal conflicts and the need for corrective measures, such as removal of the encroaching structure or negotiation for an easement if both parties agree. This highlights the need for clear property descriptions and surveys to avoid such conflicts.

In contrast, violations of zoning laws generally concern the use of the property rather than its physical boundaries, neighbor agreements pertain to mutual understandings that do not necessarily involve boundary violations, and property easements are legal rights that allow one party to use a portion of another's property for a specific purpose, distinct from the issue of encroachment.