What does "encroachment" refer to in real estate?

The term "encroachment" in real estate specifically refers to a situation where a fixture, structure, or improvement extends onto another person's property without permission. This can occur with fences, buildings, driveways, or even trees whose roots spread onto adjacent land. Such encroachments can lead to disputes between property owners, and issues may arise concerning property lines and legal ownership rights.

Understanding encroachment is essential for property owners and real estate professionals, as it can impact property value, the ability to sell, and the relationship between neighboring property owners. While zoning violations, property transfer, and shared property agreements are important aspects of real estate, they describe different situations that do not encapsulate the specific legal implication of encroachment.