What is an Encroachment?
An encroachment is a property boundary violation where a structure, improvement, or object from one property extends onto or over a neighboring property without permission.
Common examples include fences, driveways, buildings, overhanging roofs, trees, or even landscaping features that cross over the legal property line. Encroachments can be intentional or accidental, but they create legal complications regardless of intent.
How Does Encroachment Work?
Encroachments typically occur when property owners build improvements without conducting a proper boundary survey or when they miscalculate their property lines.
For instance, a homeowner might install a fence that extends six inches onto a neighbor’s land, believing they’re staying within their boundaries. Often, these issues go unnoticed for years until a professional land survey is performed during a property sale or refinance.
Once discovered, encroachments can lead to disputes between neighbors. The affected property owner has the legal right to demand removal of the encroaching structure or seek compensation. In some cases, long-standing encroachments may result in adverse possession claims, where the encroaching party could potentially gain legal rights to the land.
Real-World Application of Encroachment in Real Estate
During a home sale, a title company orders a survey that reveals the seller’s shed sits two feet over the property line onto the neighbor’s lot. This encroachment must be resolved before closing can proceed.
The seller has several options: relocate the shed, negotiate an easement agreement with the neighbor, or offer a price reduction to the buyer who would then assume responsibility for resolving the issue.
In commercial real estate, encroachments can involve parking lots, signage, or building overhangs. A shopping center might discover that its loading dock encroaches on an adjacent property, potentially delaying development projects or creating liability issues.
How Encroachment is Used
Property owners and real estate professionals use encroachment identification to protect property rights and avoid legal disputes.
Land surveyors measure exact property boundaries and identify any encroachments before transactions close. Title insurance companies review surveys to flag potential encroachment issues that could affect ownership rights.
Buyers use encroachment disclosures to negotiate repairs, price adjustments, or contract contingencies. Meanwhile, sellers address encroachments proactively by obtaining boundary surveys, securing easement agreements, or removing offending structures before listing their property.
In Other Words
Simply put, an encroachment is when something from your property crosses onto someone else’s property—or vice versa.
Think of it as trespassing, but with structures instead of people. Whether it’s a fence, a driveway, or a tree branch, if it crosses the invisible line that marks where your property ends and another begins, it’s an encroachment that needs attention.
