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
HSE simplified advice for installers of stone worktops
After company fined for repeatedly failing to protect workers.
Co-located with 10th year of UK Construction Week.
How orchards can influence planning and development.
Time for knapping, no time for napping
Decorative split stone square patterns in facades.
A practical guide to the use of flint in design and architecture.
Designing for neurodiversity: driving change for the better
Accessible inclusive design translated into reality.
RIBA detailed response to Grenfell Inquiry Phase 2 report
Briefing notes following its initial 4 September response.
Approved Document B: Fire Safety from March
Current and future changes with historical documentation.
A New Year, a new look for BSRIA
As phase 1 of the BSRIA Living Laboratory is completed.
A must-attend event for the architecture industry.
Caroline Gumble to step down as CIOB CEO in 2025
After transformative tenure take on a leadership role within the engineering sector.
RIDDOR and the provisional statistics for 2023 / 2024
Work related deaths; over 50 percent from construction and 50 percent recorded as fall from height.
Solar PV company fined for health and safety failure
Work at height not properly planned and failure to take suitable steps to prevent a fall.
The term value when assessing the viability of developments
Consultation on the compulsory purchase process, compensation reforms and potential removal of hope value.
Trees are part of the history of how places have developed.