When it comes to real estate, property boundaries are crucial. But what happens when a neighbor’s structure or feature crosses into your property? This situation, known as encroachment, can lead to disputes, legal issues, or complications during a property sale. Understanding what encroachment is, how it occurs, and how to handle it is essential for homeowners and buyers alike.

What Is Encroachment in Real Estate?

Encroachment occurs when a property owner extends their structure or feature onto another person’s land without permission. This can include physical structures, landscaping, or even objects like fences that cross property lines.

Examples of Encroachment:

• A neighbor’s fence extending onto your property.
• Overhanging tree branches or roots growing into your yard.
• A driveway or garage built partially on your land.
• A shed or gazebo placed beyond the neighbor’s property boundary.

How Encroachment Happens

Encroachment can occur intentionally or unintentionally. In many cases, homeowners may not even realize their structure or landscaping has crossed property lines until it’s brought to their attention. This is why accurate surveys and clear communication with neighbors are essential when buying, selling, or modifying property.

Why Encroachment Matters

Encroachment might seem harmless in some cases, but it can have significant implications:

1. Legal Disputes
   Encroachment often leads to disagreements between neighbors, which can escalate into costly legal battles. If unresolved, it can create tension and complicate property ownership.
2. Impact on Property Value
   Buyers may hesitate to purchase a property with encroachment issues, fearing future disputes or legal costs. Encroachment can also affect appraisals.
3. Selling Complications
   During the sale of a property, an encroachment discovered in a survey may delay the process until it’s resolved. Lenders and title companies may require a solution before approving the sale.
4. Adverse Possession
   In some cases, prolonged encroachment can lead to adverse possession, where the encroaching party gains legal rights to the disputed land after meeting specific requirements.

How to Handle Encroachment Issues

If you discover encroachment on your property, taking the right steps can help resolve the issue effectively:

1. Get a Property Survey
   Hire a licensed surveyor to clearly define your property boundaries. This will provide official documentation of the encroachment.
2. Communicate with Your Neighbor
   Approach the situation calmly and discuss the issue with your neighbor. In many cases, encroachments can be resolved amicably without legal intervention.
3. Negotiate a Solution
   Consider options like:
   • Boundary Adjustment: Redrawing the property lines to reflect the encroachment.
   • Easement Agreement: Allowing the encroaching feature to remain in exchange for compensation or legal documentation.
   • Removal: Requesting the neighbor to move or remove the encroaching structure.
4. Consult an Attorney
   If negotiations fail, seek legal advice. A real estate attorney can guide you through mediation, filing a claim, or taking legal action if necessary.
5. Document the Resolution
   Any agreement or resolution should be documented and filed with your local property records office to avoid future disputes.

How to Prevent Encroachment

Taking proactive steps can help you avoid encroachment issues altogether:

1. Get a Survey Before Purchase
   Always request a property survey before buying a home to understand the boundaries and identify potential issues.
2. Install Fences and Features Carefully
   Ensure any structures or landscaping are within your property lines by consulting a surveyor before installation.
3. Communicate Early
   If you plan to make changes near the property line, discuss your plans with your neighbors to avoid misunderstandings.
4. Monitor Property Boundaries
   Regularly check the boundaries of your property to ensure no encroachments occur over time.

Conclusion

Encroachment in real estate is more than just a property line issue; it can impact your property’s value, legal standing, and relationships with neighbors. By understanding the basics of encroachment and taking proactive steps to address or prevent it, you can protect your property and ensure smooth transactions in the future. Whether you’re a homeowner or a buyer, being informed about encroachment can save you time, money, and stress.