What is the main effect of encroachment on property rights?

Encroachment refers to a situation where a property owner unintentionally or intentionally extends their property improvements, such as a fence, building, or landscaping, beyond their property lines and onto the land of a neighboring property owner. This intrusion can significantly impact the property rights of both the property owner who is encroaching and the property owner who is affected by the encroachment.

The main effect of encroachment on property rights is the reduction of property rights for the owner whose land is encroached upon. This individual may find that their ability to use, develop, or enjoy their property is impaired by the presence of the encroaching structure. Furthermore, the encroachment can pose legal challenges, potentially leading to disputes and the need for legal intervention to resolve property boundary issues.

Through these issues, encroachment undermines the principle of exclusive ownership that property rights are based upon, thereby diminishing the rights that the affected landowner would otherwise have to their property. Ultimately, this creates a scenario where the encroaching party may need to negotiate an easement or resolve the intrusion in a way that respects the legal rights of both parties involved.