An encroachment exists when a structure from one property extends over the property line of another property. Perhaps a garage roof overhangs a neighbor’s property line, a retaining wall crosses the neighbor’s property line or a driveway is paved a few inches past the boundary line. All are examples of encroachments.

The existence of an encroachment is usually confirmed with a boundary line survey. Results of such a survey are usually recorded as a matter of public record and become attached to the title of the offending property.

A property owner whose lot is being encroached upon may insist that the encroaching structure be altered or removed. It is also common to grant easements or boundary line adjustments to clear up encroachment disputes.