The unauthorized intrusion onto the
lands and property of another.
The right to an encroachment by one
landowner over an adjoining owner’s property
is sometimes granted by express written
agreement, e.g., when a window sill, eave,
deck, porch, or chimney extends over a side
yard area. This is particularly common in
older urban areas where side yards can be
particularly narrow. When the overhang is no
longer present, the encroachment ceases to
exist. No right to substitute an
encroachment exists if one is lost, except
by further agreement.
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