Real Property
A physical intrusion of a structure or improvement onto an adjacent property or public right-of-way.
An encroachment occurs when a building, fence, driveway, or other improvement extends beyond the property boundary onto neighboring land or a public right-of-way. Encroachments are typically discovered during a property survey. They can create legal disputes and affect title marketability. The encroaching property owner may be required to remove the encroachment or may gain prescriptive rights if the encroachment continues without objection for the statutory period.
Study Guide
Real Property
Key concepts and exam tips →
Practice
NY Real Estate Real Property
Free sample questions →
Preparing for the NY Real Estate Exam?
Unlocked covers Encroachment and every other concept on the NY Real Estate Salesperson Exam — with study modules, practice questions, spaced-repetition flashcards, and Carl, your AI tutor.
click for a haiku!