Protecting Your Property: Understanding and Addressing Encroachment

In real estate, clearly defined property boundaries are critical. But what happens when a neighbor’s fence, driveway, or tree encroaches onto your land? Encroachment occurs when one property owner’s structure or landscaping crosses into another’s property without permission. Whether you’re a homeowner or a prospective buyer, understanding encroachment can help you protect your property rights and avoid costly disputes.

What Is Encroachment in Real Estate?

Encroachment refers to the unauthorized extension of a structure or object onto a neighbor’s property. It can happen intentionally or unintentionally and often comes to light during property surveys, sales, or disputes.

Common Examples of Encroachment:

• A neighbor’s shed or patio extends past the property line.

• Tree roots or branches grow into your yard, damaging landscaping or infrastructure.

• A shared driveway encroaches more on one property than the other.

• A newly built fence crosses the boundary between properties.

Encroachment vs. Easement:
Unlike encroachment, an easement is a legal agreement that grants someone the right to use another’s property for a specific purpose, such as utility lines or shared driveways.

Why Encroachment Matters in Real Estate

Even minor encroachments can lead to significant consequences, especially in these scenarios:

1. Property Disputes
   Disagreements over boundaries can strain neighborly relationships and may escalate into legal action if unresolved.

2. Selling Your Home
   Encroachments discovered during a sale can delay the process or reduce your property’s value. Buyers may hesitate to take on a property with unresolved boundary issues.

3. Legal Liability
   Unaddressed encroachments can lead to legal complications, such as claims of adverse possession, where the encroaching party gains rights to the land after a certain period.

4. Home Value and Marketability
   A property with clear boundaries is more attractive to buyers and appraisers. Encroachments can complicate appraisals and lending processes, making it harder to sell.

How Encroachments Are Discovered

Encroachments often go unnoticed until one of the following events occurs:

• Boundary Surveys: A professional survey conducted before buying, selling, or building reveals discrepancies in property lines.

• Home Inspections: Inspectors may note structures or features that don’t align with property boundaries.

• Neighbor Disputes: Disagreements over fences, trees, or shared spaces can prompt investigations into encroachments.

• Mortgage or Title Requirements: Lenders and title companies may require boundary clarifications before approving a loan or insurance.

Steps to Address Encroachment

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

1. Confirm the Encroachment with a Survey
   Hire a licensed surveyor to determine the exact property boundaries. A survey provides legal documentation of the encroachment, which can be critical in negotiations or legal proceedings.

2. Talk to Your Neighbor
   Open communication is often the simplest way to resolve encroachment issues. Many neighbors are willing to cooperate once they’re made aware of the situation.

3. Explore Resolution Options
   Depending on the situation, you might agree to:

   • Relocate or Remove the Encroachment: For example, moving a fence or trimming overgrown trees.

   • Negotiate an Easement: Allow the encroachment to remain in exchange for compensation or legal agreement.

   • Adjust Property Boundaries: Redraw the boundary through a formal agreement if both parties agree.

4. Consult a Real Estate Attorney
   If discussions fail, seek legal advice to explore options like mediation or filing a claim. An attorney can also help ensure your rights are protected.

5. Document the Resolution
   Once resolved, ensure the agreement is documented and filed with local property records to prevent future disputes.

Preventing Encroachments

Taking proactive steps can help homeowners avoid encroachment issues altogether:

1. Survey Before Buying
   Always request a professional survey before purchasing a property to confirm the boundaries.

2. Communicate About Projects
   Inform your neighbors of any planned changes, such as building a fence or driveway near the property line, to avoid disputes.

3. Monitor Boundaries
   Periodically inspect your property lines to ensure no structures or features have crossed into your space.

4. Check Local Zoning Laws
   Local zoning laws often dictate setbacks and property line regulations, which can help you avoid encroachments during renovations or landscaping.

Key Differences Between Minor and Major Encroachments

Minor Encroachments:

• Typically include fences or landscaping that slightly crosses the boundary.

• Often resolved through informal agreements or easements.

Major Encroachments:

• Involve permanent structures like garages or buildings extending into neighboring property.

• May require legal intervention, property boundary adjustments, or significant negotiations.

Conclusion

Encroachment is more than just a boundary issue—it can have serious implications for property ownership, home value, and neighborly relations. By understanding what encroachment is, taking proactive steps to prevent it, and addressing it calmly when it arises, you can protect your property and maintain its marketability. Whether you’re a homeowner or a buyer, being informed about encroachment ensures smoother transactions and fewer surprises in real estate.