The short answer
Encroachment is where something extends over the boundary onto land that is not yours: a shed or garage built slightly over the line, an extension or wall that oversteps, overhanging eaves or guttering, or even foundations and roots below ground. It can amount to trespass, and although an encroachment may look trivial, leaving it unresolved can have real consequences — it can mature into rights through long use, complicate or block a future sale, and become harder and more expensive to put right the longer it stands. As with every boundary issue, whether there is an encroachment at all depends on where the true line lies.
Why it matters
Encroachments come in two forms: above ground — structures, eaves, fences — and below ground, such as foundations and roots. The consequences of ignoring one can be significant. It is a trespass; over many years the encroaching owner may acquire rights through adverse possession; and an unresolved encroachment can affect title and hold up a sale. The remedies range from a simple agreement, licence or payment, through to removal or, in the last resort, court — though courts expect proportionality and may award damages rather than order demolition of a minor encroachment. Dealing with it early, and on the evidence, is far cheaper than letting it harden into a rights problem.
What to do now
- Establish the true boundary before treating anything as an encroachment.
- Document it with dated photographs and measurements.
- Raise it calmly and in writing, and look to resolve it early by agreement or licence.
- Take advice on anything significant, before rights begin to accrue.
Common mistakes
- Dismissing a “small” encroachment as not worth addressing.
- Assuming the line without evidence.
- Letting it run until adverse possession becomes a factor.
- Over-reacting and demanding demolition before the facts are established.
When to call Coburns
We establish, objectively, whether there is an encroachment and where the boundary truly lies — so it can be resolved early, before it becomes an expensive rights problem.