Encroachment
Definition
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
Example
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.
Exam Tip
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 Land Use Terms
Zoning
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.
Variance
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.
Conditional Use Permit
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.
Nonconforming Use (Grandfathered)
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
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.
Certificate of Occupancy
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
Frequently Asked Questions
Test Your Land Use Knowledge
Practice with exam-style questions to make sure you can apply Encroachment and other land use concepts.