What is classified as an encroachment?

An encroachment is specifically defined as a physical intrusion of one property into another, typically referring to scenarios where a structure, such as a fence, building, or tree, extends beyond the boundary lines established by property deeds or surveys. This can lead to various legal complications, as the encroaching party may not have rights to the portion of land they have encroached upon. Identifying encroachments is crucial in property law, as they can affect property values, ownership rights, and can even lead to disputes or require legal resolution to clarify property boundaries.

Other forms of disputes or agreements, such as verbal agreements between neighbors or written complaints to authorities, do not physically alter property boundaries themselves, nor do they constitute encroachments. Similarly, measurement discrepancies may indicate an issue with property boundaries but are not classified as an encroachment until a physical trespass occurs. Therefore, the only correct definition of encroachment in this context is indeed a physical intrusion of one property into another.