By: Brandon Grant

What is an Encroachment?

Tags: What is an Encroachment?

An encroachment is the act of encroaching on something and is best explained if you have a garden shed that is sitting half on your property and half on your neighbours property. The owner of the property that you are encroaching on can ask you to remove the shed. Your shed needs to be sitting within the setbacks allowed by the township that you live in. Squatter’s rights or possesionary rights will probably not apply.

When selling, is a garden shed a fixture that has to stay with my property even if the Buyer did not put it in the agreement of purchase and sale? If the shed is sitting on a poured foundation or on footings then the shed is a fixture which means it has to stay regardless if it is in the agreement.