What is the difference between encroachment and adverse possession in regards to real property?

Answer Diff. Betw. Adverse Poss/Encroach

From what I gather Adverse Possession is openly using property for all to see an then with the States Statuary Laws, assuming possession of that property! The Encroachmrnt is actually building over the boundry of another persons land, openly! The difference would be the actual building and using of the property!

Another Answer

An encroachment is the placement of a permanent structure upon the property of someone else without their permission; sort of a "permanent trespass". It is possible that the owner will fail to take note or to take any steps to remedy this, and the statute of limitations may expire. At that point, the state law of adverse possession can result in the encroachment maturing into ownership of the encroached land, having extinguished any remedy of the "legal" owner.

In other words, the owner has an obligation to regularly check his property lines to make sure there are no encroachments or to take legal action if there are. The penalty for ignoring this obligation is that you could completely lose ownership of that part of the land.

First answer by ID1101474024. Last edit by MickeyTS. Contributor trust: 0 [recommend contributor]. Question popularity: 12 [recommend question]