Which of the following describes an encroachment?

• A. A boundary marker
• B. Unauthorized use or occupation of another property
• C. A recorded easement across a parcel
• D. A permitted utility easement exists

Answer: (B)

Encroachment means something from one property crosses onto a neighbor’s land without permission. It’s the unauthorized use or occupation of another property, such as a structure, driveway, or even tree roots that extend beyond the boundary. A boundary marker is simply identifying where the boundary lies and is not an intrusion. A recorded easement is a legal right granted for someone to use the land for a specific purpose, which is authorized use, not an encroachment. A permitted utility easement is also a sanctioned right to place or run utilities on the land, not an unauthorized intrusion. So the description that fits encroachment is the unauthorized use or occupation of another property.