Encroachment

An encroachment is a physical boundary violation. It occurs when a neighbor builds or places a structure (such as a fence, driveway, or roof overhang) that physically crosses the property line onto adjacent land without permission.

Texas-Specific Nuance & Citation

Encroachments are physical encumbrances on a property’s title. In Texas, a survey is typically required by title companies and mortgage lenders to verify boundaries. Encroachments that remain unchallenged for a statutory period (often 10 years under Texas Civil Practice and Remedies Code § 16.026) could lead to claims of adverse possession.

The Trap

Candidates frequently confuse encroachment with easement. An easement is a legal, authorized right of use over another’s land (such as a utility corridor). An encroachment is an unauthorized, physical intrusion across property lines.

Worked Example

A homeowner in San Angelo builds a wooden fence in their backyard. A subsequent survey reveals that the fence is actually built 2 feet across the property boundary, onto the neighbor’s land. This fence is an encroachment. The neighbor can legally demand that the fence be moved.