# Encroachment in Real Estate: What It Means and Why It Matters By Opendoor Editorial Team | 2022-09-09 > Encroachment in real estate typically happens when a property owner builds something that intrudes onto or over an adjoining owner's land without permission. A property inspection or location survey usually discloses encroachments. ## Key Takeaways ## Key Takeaways - Encroachment can occur when a building, fence, hedge, or other feature illegally intrudes onto or over an adjoining neighbor's property.   - Encroachments can be intentional or unintentional and are usually discovered during a property inspection or survey. - One solution may include an easement, which is a limited right to use someone else's property for a specific purpose. - Options for resolving encroachment issues include talking with the neighbor, selling them an easement or small piece of land, or taking them to court. - It's usually best to deal with encroachment right away to avoid title problems, potential liability, and other issues down the road. # Encroachment in Real Estate: What It Means and Why It Matters An encroachment in real estate occurs when a neighbor's structure — a fence, shed, driveway, or even tree branches — crosses onto your property without permission. Whether intentional or accidental, these boundary violations can cloud your title, spark disputes, and complicate a home sale. This guide covers how to identify encroachments, what distinguishes them from easements, and the steps you can take to protect your property rights. [Get your offer](#) ## What is encroachment in real estate An encroachment happens when a neighbor builds or extends something onto your property without permission. Picture a fence that crosses the property line, a shed sitting partially on your land, or tree branches hanging over from next door. The intrusion can be intentional or accidental, but either way, it violates your property rights. What makes encroachment tricky is that property lines aren't always obvious, similar to how [liens and other title issues](https://www.opendoor.com/articles/can-you-sell-a-home-with-a-lien-on-it) can complicate property ownership. Fences get replaced over the years, trees grow, and additions get built. Sometimes the original boundary markers disappear entirely. So a neighbor might genuinely believe their new deck is on their own land when it's actually crossing onto yours. Encroachments matter because they can cloud your property title, spark legal disputes, and complicate a home sale. Title companies flag boundary issues during closing, and buyers often walk away from deals when encroachment problems surface. ## Common types of property encroachment Not all encroachments are created equal. The severity determines how you might handle the situation and what kind of resolution makes sense. ### Minor encroachments Minor encroachments are small intrusions that often go unnoticed for years. Overgrown hedges, tree branches extending over a fence, or a garden bed that drifts a few inches past the property line all fall into this category. While minor encroachments might seem harmless, they can still create [headaches during a home sale](https://www.opendoor.com/articles/seven-home-inspection-deal-breakers). A buyer's lender or title company may flag even small issues, and what seemed like no big deal suddenly becomes a negotiation point. ### Major encroachments Major encroachments are more noticeable and harder to ignore. A fence built several feet onto the wrong property, a driveway that crosses the boundary, or a shed placed partially on a neighbor's land all qualify. The longer major encroachments go unaddressed, the more complicated they become. In some states, if a neighbor uses part of your land openly for enough years, they can actually claim legal ownership through a process called adverse possession. ### Structural encroachments Structural encroachments involve permanent building elements like foundations, walls, rooflines, or decks that extend onto an adjacent property. A garage roof overhanging your yard or a neighbor's addition that crosses the line are common examples. Resolving structural encroachments often requires legal help because removal isn't always practical. Sometimes the parties negotiate an easement or adjust the property line instead of tearing down a structure. ## Examples of encroachment on property Encroachments show up in many forms. Here are situations homeowners commonly encounter: - A fence installed several feet past the actual property line - A neighbor's garage roof that overhangs your yard - Tree roots from a neighboring property damaging your foundation - A shared driveway where one neighbor has expanded their portion onto yours - A deck or patio extension that crosses the boundary One scenario that comes up more often than you'd expect: a homeowner complains about a neighbor's fence, only to discover through a survey that their own driveway was actually built on the neighbor's property years ago. ## How to find out if your neighbor is encroaching on your property Before taking any action, you want to confirm the facts. Acting on a hunch can damage neighbor relationships and potentially expose you to liability if you're wrong about where the boundary actually sits. ### Review your existing property survey A property survey is a legal document showing the precise boundaries of your land. You can typically find a copy in your closing documents or by checking with your county's records office. Start here first. However, if your survey is more than a few years old, conditions on the ground may have changed since it was created. ### Order a new land survey If your existing survey is outdated or you don't have one, hiring a licensed surveyor is often worth the investment, typically [costing around $543](https://www.bankrate.com/real-estate/where-do-i-get-my-property-survey/). The surveyor will place physical markers (stakes) on the ground to show exactly where your property ends and your neighbor's begins. This documentation becomes essential if the dispute escalates. A professional survey provides clear proof that can hold up in court or during title review. ### Check title documents and plat maps Your title documents and local plat maps can reveal important information too. A plat map is a recorded drawing of property boundaries for a subdivision or area, and it may show existing easements or recorded boundary discrepancies. Your county recorder's office or a title company can help you access plat maps. Sometimes what looks like an encroachment turns out to be a documented easement that was established years ago. ## Encroachment vs easement People often confuse encroachment with easement because both involve one property extending onto another. The key difference comes down to permission and documentation. | **Factor** | **Encroachment** | **Easement** | | Permission | No legal right granted | Legal right to use another's property | | Documentation | Typically undocumented | Recorded in property records | | Legality | Violates property rights | Legally established agreement | | Resolution | Requires removal or negotiation | Already resolved through agreement | Here's the interesting part: an easement can actually solve an encroachment problem. If both parties agree, they can formalize the arrangement by creating a legal easement, which gets recorded and becomes part of the property's official records going forward. ## Why property encroachment matters for homeowners Unresolved encroachments carry real consequences that can affect your finances, your relationships with neighbors, and your ability to sell. ### Impact on property value Encroachments can reduce your home's marketability and [appraised value](https://www.opendoor.com/articles/home-appraisal-process). ### Legal liability and neighbor disputes What starts as a simple disagreement can escalate into a costly legal battle. The encroaching party may face a lawsuit for trespass or a court order requiring them to remove the structure at their own expense. Even if you win, the process can strain neighborly relations for years. And [legal fees add up quickly](https://www.opendoor.com/articles/heres-how-much-it-costs-to-sell-a-house) on both sides. ### Complications when selling your home Title insurance companies flag encroachments during the title search before a sale can close. Unresolved boundary issues can delay closing, reduce your sale price, or [cause the deal to fall through](https://www.opendoor.com/articles/why-do-pending-home-sales-fall-through) entirely. Addressing encroachment problems before listing your home gives you more control over the outcome and timeline. ### Risk of adverse possession Adverse possession is a legal doctrine where someone who has openly, continuously, and exclusively used a portion of another's land for an extended period can potentially claim legal ownership. The required time period varies by state, typically ranging from 5 to 20 years. This is why acting promptly matters when you discover an encroachment. Waiting too long can limit your options and potentially cost you part of your property. ## How to handle property encroachment If you've confirmed an encroachment exists, here's a structured approach to resolving it. ### 1. Start with a friendly conversation Before escalating, approach your neighbor calmly to discuss the issue. Many encroachments are unintentional, and your neighbor may not even realize there's a problem. A simple conversation is often the quickest path to resolution. Assume good intentions first. Most people want to be good neighbors and will work with you once they understand the situation. ### 2. Send a formal written notice If a conversation doesn't resolve things, the next step is sending a formal letter. This written notice documents your concern and creates a paper trail. Why does the paper trail matter? It proves you haven't abandoned your property rights, which becomes important if you ever pursue legal action or if the neighbor later claims adverse possession. ### 3. Negotiate a boundary agreement or easement If your neighbor is willing to cooperate, you have several options: - **Sell a small strip of land:** Transfer ownership of the encroached area to your neighbor - **Grant a formal easement:** Give them legal permission to use the land for a specific purpose - **Adjust the boundary line:** Work together to record a new property line that reflects the current situation Any of these solutions can preserve your property rights while preventing future disputes. They're also typically faster and less expensive than going to court. ### 4. Take legal action if necessary When informal resolution fails, consulting a real estate attorney is the next step. An attorney can help you pursue legal remedies like filing for an injunction, seeking a court order for removal, or suing for damages. Keep in mind that litigation can be slow, expensive, and unpredictable. It's generally a last resort after other approaches have failed. ## Does title insurance cover encroachment disputes Standard title insurance policies often exclude encroachments discovered after purchase. However, enhanced or extended policies may offer some coverage. The key factor is timing. If the encroachment was visible or recorded in the survey at closing, it's likely excluded from coverage. If it wasn't documented at the time of purchase and your policy includes extended coverage, you may have a claim. Coverage also varies by state. New York title insurance coverage for boundary encroachments, for example, differs depending on the specific policy type. Review your policy carefully and consider purchasing an extended coverage endorsement for greater protection. ## Buying a house with an encroachment Encroachments often surface during the title search or survey review before a home purchase closes. If you're a prospective buyer and an encroachment is found, here's what to consider: - **Request a current survey:** Verify the property boundaries with a professional before you buy - **Review title exceptions:** Read the title report carefully to understand what encroachments exist and their legal implications - **Negotiate with the seller:** Ask the seller to resolve the encroachment before closing or request a price adjustment - **Consult a real estate attorney:** Get legal advice on the risks and whether you want to proceed - **Consider future resale:** Think about how the encroachment might affect your ability to sell the property later ## Selling a home with an encroachment If you're selling a home with an encroachment, disclosure is typically required by law. Unresolved boundary issues can delay or derail a sale, so being proactive pays off. Options for sellers include: - **Resolve before listing:** Remove the encroachment or formalize it with an easement before putting the house on the market - **Disclose to buyers:** Full transparency can prevent legal issues after closing - **Adjust your asking price:** Account for the complication in your pricing - **Offer a credit at closing:** Give buyers funds to address the issue themselves When property complications like encroachments arise, having flexible selling options can make a real difference. A cash offer can help you move forward without the delays and uncertainties of traditional negotiations. ## Moving forward when property boundary issues arise Encroachment issues are manageable with the right information and a clear plan. Confirming the facts with a survey, communicating clearly with your neighbor, and understanding your options puts you in a stronger position. When you're ready to sell and want to skip the complications of resolving a boundary dispute on a buyer's timeline, a straightforward cash offer puts you in control. [Get a cash offer from Opendoor](https://www.opendoor.com/address-entry) and move on your own terms. [Get your offer](#) ## FAQs about encroachment in real estate ### Is encroachment on property a criminal offense? No, encroachment is typically a civil matter, not a criminal one. Disputes are resolved through the civil court system, such as lawsuits for trespass or removal, rather than through criminal prosecution. ### Can a homeowner remove a neighbor's encroachment without permission? Generally, no. Removing a neighbor's encroaching property yourself can expose you to legal liability for damaging their property. The proper path is through negotiation or a court order. ### How long does it typically take to resolve an encroachment dispute? Resolution time varies widely. A simple negotiation could wrap up in days. However, if the dispute requires mediation or litigation, it can take months or longer to reach a final resolution. ### What are the encroachment laws in New York? In New York, encroachment issues often require resolution before a property transfer can be completed. New York title insurance coverage for boundary encroachments varies depending on the policy type, with enhanced policies offering more protection. ### What is the difference between encroachment and trespassing? Encroachment involves a permanent or semi-permanent structure, like a fence or building, that physically crosses a property line. Trespassing refers to a person physically entering another's property without permission and is usually temporary. | **Supported Locations** | | | **Cities / Areas** | **States** | | [Columbia](/sell/columbia_sc), [Columbus](/sell/columbus_oh), [Corpus Christi](/sell/corpus_christi_tx), [Detroit](/sell/detroit_mi), [East Texas](/sell/east_texas), [El Paso](/sell/el_paso), [Florida Panhandle](/sell/florida_panhandle), [Greensboro](/sell/greensboro_nc), [Greenville](/sell/greenville_sc), [Indianapolis](/sell/indianapolis_in), [Kansas City](/sell/kansas_city), [Killeen](/sell/killeen_tx), [Knoxville](/sell/knoxville_tn), [Las Vegas](/sell/las_vegas), [Little Rock](/sell/little_rock_ar), [Louisville](/sell/louisville_in_ky), [Memphis](/sell/memphis_tn), [Miami](/sell/miami_fl), [Milwaukee-Waukesha](/sell/milwaukee_waukesha_wi), [Minneapolis](/sell/minneapolis), [New Orleans](/sell/new_orleans_la), [New York & New Jersey](/sell/new_york_new_jersey), [Northern Colorado](/sell/northern_colorado), [Oklahoma City](/sell/oklahoma_city_ok), [Omaha](/sell/omaha_ne), [Philadelphia](/sell/philadelphia_pa), [Pittsburgh](/sell/pittsburgh_pa), [Portland](/sell/portland), [Prescott](/sell/prescott_az), [Reno](/sell/reno_nv), [Richmond](/sell/richmond_va), [Salt Lake City](/sell/salt_lake_city), [San Antonio](/sell/san_antonio), [Seattle](/sell/seattle_wa), [San Francisco Bay Area](/sell/sf_bay_area), [South Texas](/sell/south_texas), [Southwest Florida](/sell/southwest_fl), [St Louis](/sell/st_louis), [Tucson](/sell/tucson), [Tulsa](/sell/tulsa_ok), [Virginia Beach](/sell/virginia_beach_va), [West Texas](/sell/west_texas), [Western New York](/sell/western_ny) | [Alabama](/sell/alabama_other), [Arkansas](/sell/arkansas_other), [California](/sell/california_other), [Colorado](/sell/colorado_other), [Connecticut](/sell/connecticut_other), [Delaware](/sell/delaware_other), [Georgia](/sell/georgia_other), [Idaho](/sell/idaho_other), [Illinois](/sell/illinois_other), [Indiana](/sell/indiana_other), [Iowa](/sell/iowa_other), [Kansas](/sell/kansas_other), [Kentucky](/sell/kentucky_other), [Louisiana](/sell/louisiana_other), [Maine](/sell/maine_other), [Maryland](/sell/maryland_other), [Massachusetts](/sell/massachusetts_other), [Michigan](/sell/michigan_other), [Minnesota](/sell/minnesota_other), [Mississippi](/sell/mississippi_other), [Missouri](/sell/missouri_other), [Montana](/sell/montana_other), [Nebraska](/sell/nebraska_other), [Nevada](/sell/nevada_other), [New Hampshire](/sell/new_hampshire_other), [New Mexico](/sell/new_mexico_other), [New York](/sell/new_york_other), [North Carolina](/sell/north_carolina_other), [North Dakota](/sell/north_dakota_other), [Ohio](/sell/ohio_other), [Oklahoma](/sell/oklahoma_other), [Oregon](/sell/oregon_other), [Pennsylvania](/sell/pennsylvania_other), [South Carolina](/sell/south_carolina_other), [South Dakota](/sell/south_dakota_other), [Tennessee](/sell/tennessee_other), [Utah](/sell/utah_other), [Vermont](/sell/vermont_other), [Virginia](/sell/virginia_other), [Washington](/sell/washington_other), [West Virginia](/sell/west_virginia_other), [Wisconsin](/sell/wisconsin_other), [Wyoming](/sell/wyoming_other) | --- *Originally published at [https://www.opendoor.com/articles/what-is-encroachment](https://www.opendoor.com/articles/what-is-encroachment)*