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
Deputy editor of AT, Tim Fraser, discusses the newly formed society with its current chair, Chris Halligan MCIAT.
Barratt Lo-E passivhaus standard homes planned enmasse
With an initial 728 Lo-E homes across two sites and many more planned for the future.
Government urged to uphold Warm Homes commitment
ECA and industry bodies write to Government concerning its 13.2 billion Warm Homes manifesto commitment.
Places of Worship in Britain and Ireland, 1929-1990. Book review.
The emancipation of women in art.
CIOB Construction Manager of the Year 2025
Just one of the winners at the CIOB Awards 2025.
Call for independent National Grenfell oversight mechanism
MHCLG share findings of Building Safety Inquiry in letter to Secretary of State and Minister for Building Safety.
The Architectural Technology Awards
AT Awards now open for this the sixth decade of CIAT.
50th Golden anniversary ECA Edmundson awards
Deadline for submissions Friday 30 May 2025.
The benefits of precast, off-site foundation systems
Top ten benefits of this notable innovation.
Encouraging individuals to take action saving water at home, work, and in their communities.
Takes a community to support mental health and wellbeing
The why of becoming a Mental Health Instructor explained.
Mental health awareness week 13-18 May
The theme is communities, they can provide a sense of belonging, safety, support in hard times, and a sense purpose.
Mental health support on the rise but workers still struggling
CIOB Understanding Mental Health in the Built Environment 2025 shows.
Design and construction material libraries
Material, sample, product or detail libraries a key component of any architectural design practice.
Construction Products Reform Green Paper and Consultation
Still time to respond as consultation closes on 21 May 2025.
Resilient façade systems for smog reduction in Shanghai
A technical approach using computer simulation and analysis of solar radiation, wind patterns, and ventilation.