What is defined as an encroachment?

An encroachment refers to a situation where a structure, such as a fence, building, or tree, extends onto or over another person’s property or boundary line without permission. This is significant because it can lead to disputes between property owners and may affect property rights and valuations.

In this context, encroachments can result in legal issues, as the encroaching party may need to negotiate with the affected landowner for the right to continue using the encroached land or might have to remove the encroaching portion. Understanding encroachments is essential for title insurance producers, as they must assess potential risks and issues that may affect a property’s title status.

The other options do not accurately capture the definition of encroachment. An agreement between two landowners pertains to negotiations or deals outside the context of physical structures infringing on property lines. A type of easement refers to a legal right to use another's land for a specific purpose, which is distinct from the act of encroaching. Likewise, a legal document for property transfer relates to the formal paperwork involved in selling or giving property, rather than the physical act of a structure infringing upon property boundaries.