What does encroachment mean — and what should a homeowner do about it?
Key takeaways
– Encroachment is any physical intrusion of one property owner’s improvement or vegetation onto another’s land (including public land) without permission. It can be intentional or accidental.
– A land survey is the primary tool for establishing legal property lines; lenders often require one when financing a purchase.
– Encroachment is distinct from an easement: encroachments are unauthorized uses; easements are permitted uses (usually documented).
– Most disputes begin with communication and a survey; unresolved matters can lead to recorded agreements or court remedies (removal, damages, quiet-title actions, or — in long-running cases — adverse possession).
Understanding encroachment
Definition
Encroachment in real estate occurs when a structure, fence, driveway, landscaping, tree limb, or other improvement extends past the legal boundary of one parcel and onto another parcel (or onto public property). Because it interferes with another owner’s property rights, encroachment is similar to trespass in effect — though remedies and resolutions are civil rather than criminal in most cases. (Source: Investopedia)
Common types
– Structural encroachment: additions, garages, porches, decks, sheds, fences, or driveways that cross a property line.
– Natural encroachment: tree roots or limbs, hedges, or erosion that migrate beyond boundaries.
– Public encroachment: private improvements that intrude onto sidewalks, rights-of-way, or municipal land.
Intent
– Intentional encroachment: the owner knowingly builds or allows an improvement across the line.
– Unintentional encroachment: occurs from mistaken surveys, old improvements, or natural growth; these are the most frequent.
Why it matters
– Property value and marketability can be affected.
– Title and closing on sales can be delayed if encroachments are discovered by survey or title search.
– Government agencies can order removal of improvements that intrude on public land; the owner may receive no compensation.
Important: how encroachment differs from an easement
– Encroachment: unauthorized, potentially subject to removal or damages.
– Easement: a legal right (express or implied) allowing limited use of another’s land — usually created by written agreement, prescription, or necessity. Easements are often recorded and may involve compensation. (Source: Investopedia)
What is an example of encroachment?
– A neighbor builds a new fence, mistakenly placing it several feet over the true boundary onto your lot.
– A driveway extension overlaps a public sidewalk or municipal right-of-way.
– A homeowner allows a hedge to grow and roots to damage the neighbor’s foundation.
What is a land survey?
– A land (property) survey is a professional assessment that identifies the precise boundaries, corners, and measurements of a parcel using historical records and modern measurement methods. Surveys establish metes and bounds and are commonly required by mortgage lenders and title companies to confirm the legal property lines and locate improvements relative to those lines. (Source: Investopedia)
Practical steps — what to do if you discover an encroachment
Immediate checklist
1. Document the situation
– Take dated photos and notes showing the encroachment and its relationship to visible markers (fences, house corners, landmarks).
– Save any communications with the neighbor.
2. Review your property documents
– Locate your deed, plat map, prior survey (if you have one), and title insurance documents.
3. Order a professional land survey (if one doesn’t exist)
– A licensed surveyor can confirm boundary lines and precisely measure the encroachment. Lenders often require a survey on purchase; you can hire one independently. (Source: Investopedia)
4. Talk with your neighbor
– Begin with a respectful conversation and share the survey results. Many encroachment issues are resolved amicably (e.g., moving a fence, granting a small easement, or compensating for a permanent improvement).
5. If negotiation fails, consult professionals
– Speak with a real estate attorney experienced in boundary disputes and property law before taking legal action. An attorney can explain local rules, statutes of limitation, and remedies such as boundary-line agreements, quiet-title actions, or adverse possession defenses.
Options for resolution
– Voluntary agreement: neighbors sign a boundary-line agreement, easement, or relocation plan that is recorded with the county.
– Monetary settlement: the encroaching party pays to relocate or compensate the property owner.
– Forced removal: the injured property owner may seek court orders requiring removal of the encroaching structure.
– Quiet-title action: clarifies legal ownership and settles competing claims by having a court declare the true boundary or ownership.
– Adverse possession (rare and fact-specific): in some jurisdictions, long-continued, open, notorious, exclusive, and hostile possession for the statutory period may give the possessor title; defenses and precise requirements vary by state. Consult a local attorney for details. (See legal sources such as Cornell Legal Information Institute for adverse possession principles.)
Special considerations
– Public land encroachments: municipalities may remove private improvements on public property and typically won’t award compensation.
– Title insurance: many title policies exclude coverage for some types of encroachments; review your policy and consult your title insurer if a claim appears during closing.
– Time limitations: statutes of limitation, prescription, or adverse-possession rules differ by state and can affect remedies — act promptly.
– Surveys and errors: older surveys or boundary monuments can be inaccurate; when different surveys conflict, an expert surveyor and legal counsel can help resolve which preponderance of evidence controls.
Practical steps — guidance by situation
If you’re buying a home
1. Obtain or review a recent survey before closing (or require one as a contingency).
2. Review title insurance for exceptions related to surveys and boundary disputes.
3. If an encroachment is revealed, negotiate resolution (seller remedy, price adjustment, escrow for remedy) before closing.
If your neighbor encroaches on your property
1. Confirm with a survey.
2. Attempt amicable resolution (ask to move the improvement, create a boundary agreement, or accept a small recorded easement).
3. If unresolved, send a demand letter via attorney outlining your positions and proposed remedies.
4. Consider court action (injunction to remove, damages, quiet-title action).
If you’ve discovered you unintentionally encroached
1. Confirm with a survey.
2. Notify the neighbor and offer remedies (relocate, compensate, or negotiate an easement).
3. If the neighbor threatens legal action, seek legal counsel promptly.
If public land is involved
1. Contact the municipal planning or public-works department to learn rules and possible permits.
2. Be prepared to remove improvements if required and to accept no compensation in many cases.
Preventive measures
– Get a survey before building near property lines.
– Keep clear records of property deeds, plats, and surveyor markers.
– Talk to neighbors before making improvements near lines and, when agreed, record boundary agreements or easements.
– Maintain vegetation to prevent root/limb encroachments.
Who to contact
– Licensed land surveyor — establish the legal boundary.
– Real estate attorney — advise on legal remedies and prepare agreements or court filings.
– Title company — check how encroachment affects title and closing.
– Local municipality — confirm rights-of-way and public land boundaries.
The bottom line
Encroachments are common real-estate problems that range from simple, fixable errors to complex legal disputes. The key steps are prompt documentation, verification with a licensed surveyor, calm communication with the neighbor, and, if necessary, consulting an attorney to pursue or defend legal remedies. Taking preventive steps — surveys before building and recorded agreements when neighbors consent — reduces the chances of costly conflicts later. (Source: Investopedia)
Sources
– Investopedia — “Encroachment” https://www.investopedia.com/terms/e/encroachment.asp
– Cornell Law School, Legal Information Institute — “Adverse Possession” (for general legal principles; check state law for specifics) https://www.law.cornell.edu/wex/adverse_possession
If you’d like, I can:
– Draft a sample neighbor letter requesting resolution of an encroachment.
– Provide a step-by-step template checklist you can fill out when you suspect an encroachment.
– Help find licensed surveyors or attorneys in your state (tell me your state/county).