An encroachment occurs when an aspect of real property advances beyond a boundary. An encroachment might be caused by a physical improvement on a property, such as a building or fence line. An encroachment may also be caused by a property use such as a drive aisle. The encroachment occurs when these features or uses extend past a boundary such as a property line or easement.
In the context of ALTA Land Title Surveys, the surveyor is expected to denote any encroachments on the survey without expressing a legal opinion as to the ownership or nature of the encroachment.
Encroachments are different from easements.
