What is an Encroachment in Real Estate and What Can I do about It?

In real estate, an encroachment occurs when a property owner extends a structure or any part of their property beyond their legal property boundaries onto the adjacent property. Encroachments can lead to boundary disputes and potential legal issues. Here's an exploration of what encroachments are and what can be done to address them.

Understanding Encroachments:

1. Definition:

• An encroachment in real estate refers to a situation where a part of a property extends beyond its legal boundaries onto an adjacent property. This can include structures, fences, driveways, or other improvements.

2. Common Types:

• Overhanging eaves or projections

  • Fences extending beyond property lines

  • Building structures crossing boundaries

  • Encroachments due to inaccurate surveys

3. Causes:

• Encroachments can occur due to errors in property surveys, misunderstandings between neighbors, or intentional actions by property owners. Lack of awareness of property boundaries is a common contributing factor.

Dealing with Encroachments:

1. Communication:

• Open a dialogue: If you discover an encroachment or if a neighbor informs you of one, initiate a conversation to understand the situation. Misunderstandings or errors may be resolved through communication.

2. Property Survey:

• Conduct a survey: Hire a professional surveyor to accurately determine the property boundaries. A survey can identify the extent of the encroachment and provide a basis for resolution.

3. Title Insurance:

• Review title insurance: Check your title insurance policy. Some policies may cover the costs associated with resolving boundary disputes or encroachments.

4. Neighbor Agreement:

• Negotiate an agreement: Reach an agreement with the neighbor to address the encroachment. This may involve modifying the structure, relocating a fence, or finding a mutually acceptable solution.

5. Encroachment Agreement:

• Legal documentation: If an agreement is reached, formalize it through an encroachment agreement. This document outlines the terms of the resolution and may be recorded with the local land records.

6. Boundary Line Adjustments:

• Legal adjustments: In some cases, a boundary line adjustment may be pursued through legal channels. This involves formally changing the property lines to accommodate the encroachment.

7. Easements:

• Consider easements: An easement is a legal right to use another person's land for a specific purpose. If an encroachment is minimal, an easement may be a practical solution.

8. Mediation:

• Third-party mediation: If negotiations stall, consider mediation. A neutral third party can assist in facilitating discussions and finding a resolution acceptable to both parties.

9. Legal Action:

• Legal recourse: If all else fails, legal action may be necessary. This could involve filing a lawsuit for trespass or seeking an injunction to address the encroachment.

10. Prevention:

Preventive measures: When buying or selling property, conduct thorough surveys and inspections to identify potential encroachments before they become issues.

Conclusion

Encroachments in real estate can lead to complex and sometimes contentious situations between property owners. Timely communication, professional surveys, and negotiated agreements are key to resolving encroachments. Understanding your rights, exploring legal options, and seeking professional advice can help navigate the complexities of dealing with encroachments and maintaining harmonious neighborly relationships.