What is an encroachment and how is it different from an easement?

An encroachment occurs when a structure or improvement physically extends onto a neighboring property without permission, such as a fence built two feet past the boundary line or a roof overhang extending over the property line. Unlike an easement, which is a legal right to use another's land, an encroachment is typically unauthorized and can be grounds for legal action. Encroachments are discovered through surveys and must be resolved before closing in most transactions.