Encroachment: What it Means and How to Handle It
Encroachment in real estate occurs when a property owner builds or extends a structure onto a neighbor’s land—either intentionally or unintentionally—thereby violating the neighbor’s property rights. Common examples include fences, additions, driveways, hedges, or tree limbs that cross a property line.
Key takeaways
- Encroachment can be intentional or accidental, often stemming from unclear or misunderstood property lines.
- Land surveys are essential for establishing accurate boundaries and preventing disputes.
- Structural encroachments onto public property (sidewalks, streets) can be removed by the government without compensation.
- Easements differ from encroachments: easements are authorized, often negotiated rights to use part of another’s property, while encroachments are unauthorized.
Why surveys matter
A professional land or property survey accurately marks property lines and identifies metes and bounds. Lenders frequently require surveys during mortgage approval, and owners should request surveys when building near boundaries or when disputes arise. Incorrect or outdated boundary information is a common cause of unintentional encroachment.
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Types and causes of encroachment
- Intentional encroachment: a property owner knowingly builds or adds structures over a boundary (e.g., erecting a fence despite knowing the line).
- Unintentional encroachment: occurs when owners are unaware of true boundaries—examples include overgrown hedges, tree limbs, or a mistakenly placed addition.
- Structural/public encroachment: installation that extends onto public land (sidewalks, roadways). Municipalities can require removal and may not compensate the owner for demolition.
Easement vs. encroachment
- Easement: a legally granted right, agreed on by both parties, to use another’s property for a specific purpose (often compensatory or documented).
- Encroachment: an unauthorized intrusion that infringes on another’s property rights.
How to prevent and resolve encroachment
Prevention and early resolution are simpler and less costly than litigation:
* Before building or landscaping near a boundary, obtain a current land survey and clearly mark property lines.
Communicate with neighbors before starting work; many issues are resolved by discussion and agreement.
If an encroachment is discovered, request a survey, document the intrusion, and try to negotiate a resolution (removal, relocation, easement, or compensation).
* If negotiations fail, legal action may be necessary to resolve ownership, require removal, or seek damages.
Bottom line
Encroachment arises from disputed or unclear property lines and can be either intentional or accidental. Accurate, up-to-date surveys and open communication with neighbors are the best tools to prevent conflicts. When resolution cannot be reached informally, property owners may need to pursue legal remedies.