An encroachment in real estate refers to a fence, building, or other structure that extends into the property of another owner. Additionally, some communities enforce building setbacks on any construction within their jurisdiction. A setback requires a certain distance of clearance between the property line and any structure. If a structure is built within the distance of the building setback, it is considered an encroachment as well. A common example of an encroachment is a wood fence that is built on one side or another of a property line. Typically fences are intended to divide the property between two owners along the common property line; however, sometimes the fence can be built too far to one side or the other. Then one property owner has access and use to more land than what they legally own while the other owner cannot access all of the property. Encroachments should be noted on the survey prepared for the transfer of property.
