Encroachment
In the construction industry, encroachment typically refers to a situation in which a building, structure, or other physical element extends beyond the legal boundaries of a property into adjacent land that is owned by another party. This can occur during construction when property lines are not properly adhered to or respected. Encroachment often leads to disputes between neighbouring property owners.
Examples of encroachment might include:
- Buildings, walls, extensions, or other structures that are built partially or entirely on a neighbouring property.
- Scaffolding, equipment, or other construction-related items that temporarily extend into adjacent land during the building process.
- Roofs, balconies, or other parts of a building that extend over the property line.
- Plants or trees that extend into a neighbouring property.
Encroachment can have significant legal implications. The affected party can seek legal recourse to have the encroachment removed or to obtain compensation. Property owners may also negotiate a resolution, which might involve the purchase of the encroached land, an easement agreement, or other mutually acceptable terms. Alternatively a neutral third party can help resolve the dispute through mediation, aiming to reach an amicable agreement. If negotiation or mediation fails, the dispute can be taken to court, where a judge will determine the appropriate remedy based on the evidence presented. In some cases, the court may order the demolition or alteration of the encroaching structure.
To avoid encroachment issues, accurate land surveys and proper documentation of property boundaries are essential. Builders and developers should ensure they have clear and accurate site plans before commencing construction. Ensuring compliance with planning permissions and maintaining open communication with neighbouring property owners can also help prevent encroachment issues.
Encroachment can affect property values, as unresolved disputes and potential legal actions can deter buyers and complicate property transactions.
See also: Tree rights.
[edit] Related articles on Designing Buildings
Featured articles and news
Shading for housing, a design guide
A look back at embedding a new culture of shading.
The Architectural Technology Awards
The AT Awards 2025 are open for entries!
ECA Blueprint for Electrification
The 'mosaic of interconnected challenges' and how to deliver the UK’s Transition to Clean Power.
Grenfell Tower Principal Contractor Award notice
Tower repair and maintenance contractor announced as demolition contractor.
Passivhaus social homes benefit from heat pump service
Sixteen new homes designed and built to achieve Passivhaus constructed in Dumfries & Galloway.
CABE Publishes Results of 2025 Building Control Survey
Concern over lack of understanding of how roles have changed since the introduction of the BSA 2022.
British Architectural Sculpture 1851-1951
A rich heritage of decorative and figurative sculpture. Book review.
A programme to tackle the lack of diversity.
Independent Building Control review panel
Five members of the newly established, Grenfell Tower Inquiry recommended, panel appointed.
Welsh Recharging Electrical Skills Charter progresses
ECA progressing on the ‘asks’ of the Recharging Electrical Skills Charter at the Senedd in Wales.
A brief history from 1890s to 2020s.
CIOB and CORBON combine forces
To elevate professional standards in Nigeria’s construction industry.
Amendment to the GB Energy Bill welcomed by ECA
Move prevents nationally-owned energy company from investing in solar panels produced by modern slavery.
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Experimental AI housing target help for councils
Experimental AI could help councils meet housing targets by digitising records.
BSRIA Occupant Wellbeing survey BOW
Occupant satisfaction and wellbeing tool inc. physical environment, indoor facilities, functionality and accessibility.