Encroachments are typically discovered through a property survey and can include fences, driveways, rooflines, or tree limbs that cross property boundaries. The affected property owner can demand removal, seek a court injunction, or negotiate an easement or purchase of the encroaching area.
A homeowner builds a new fence that extends two feet onto the neighbor's property. A survey reveals the encroachment. The neighbor can demand the fence be moved, sue for removal, or negotiate to sell the two-foot strip to the fence builder.
Encroachment is a PHYSICAL intrusion discovered by a SURVEY — the exam loves to test this. Do not confuse encroachment with an easement (a legal right to use) or a lien (a financial claim). Remember: encroachment = something crossing the boundary line. A survey is the tool that reveals it.
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
Frequently Asked Questions
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