What Is Encroachment in Real Estate?
In real estate, an encroachment occurs when one property owner’s structure or improvement crosses the boundary line and extends onto another person’s land. Encroachments can involve fences, driveways, sheds, or even tree limbs that cross over property lines.
📏 How Encroachments Happen
- Fences or sheds built without accurate property surveys.
- Driveways or landscaping that gradually extend past the boundary.
- Misunderstandings between neighbors about where the property line lies.
- Structures built decades ago before updated survey records were filed.
Encroachments are often discovered during a survey or title search when a property is sold. They can cause disputes or delay closings until ownership and usage rights are clarified.
🏠 Common Types of Encroachments
- Minor Encroachments: A small fence or garden crossing the line—often resolved with an agreement or minor adjustment.
- Structural Encroachments: Part of a building, garage, or driveway extending onto neighboring property.
- Natural Encroachments: Trees, shrubs, or roots extending beyond the boundary and impacting another parcel.
If not corrected, long-term encroachments can lead to legal claims like adverse possession or create problems during sale or refinancing.
🧭 How to Resolve an Encroachment
- Survey the property: Confirm exact boundary lines with a licensed surveyor.
- Talk to your neighbor: Many small issues can be fixed informally with cooperation.
- Grant an easement: If both parties agree, a legal right-of-use can be recorded to allow continued use.
- Remove or relocate: For serious violations, removing the encroaching structure may be required.
For FSBO sellers, addressing encroachments before listing helps avoid disputes and ensures a smoother sale process.
📄 Encroachments and FSBO Listings
When selling For Sale by Owner (FSBO), it’s important to disclose any known encroachments to buyers upfront. Through Brokerless, sellers can still list their property on the MLS and note boundary clarifications in the remarks section for transparency. This helps buyers and agents understand the situation while maximizing visibility on Realtor.com, Zillow, and local MLS feeds.
📚 Related Articles
- What Is an Easement in Real Estate? — Understand access rights and shared-use agreements.
- What Is Landlocked Property in Real Estate? — Learn what happens when land has no road access.
- What Is a Land Contract in Real Estate? — See how seller financing works in land deals.
Need to disclose or clarify a boundary issue before listing?
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