Encroachment
A structure that extends onto land it does not belong on.
A fence three feet over the line, a garage eave crossing a setback, or a driveway paved into a utility strip are all encroachments. They show up on surveys, not in title records.
Left alone long enough, an encroachment can mature into a prescriptive right or an adverse possession claim.
Why it matters when you buy
Unresolved encroachments become the buyer's problem at closing and can block a future sale or permit.
How it reads in a real document
“Survey discloses a wood fence located 2.6 feet east of the record boundary line, and a concrete drive extending 1.4 feet into the adjoining parcel.”
Nothing here is in the title records — it took a survey to find. The measurement matters: an encroachment left in place long enough can ripen into a prescriptive right or an ownership claim.
The mistake people make
Letting a small encroachment ride because the neighbor is friendly. Friendliness is not recorded; the fence line is what a future court and a future buyer will see.
What to do next
- Get a boundary survey that stakes the corners, not just a sketch.
- Resolve it in writing: a boundary line agreement, a recorded license, or removal before closing.
- Confirm the title company will insure over anything you agree to leave in place.
What it does to value
An encroachment is a title problem masquerading as a small annoyance. A shed three feet over the line rarely costs much to fix early; left alone long enough, it can mature into a prescriptive or possessory claim, and by then the fix involves lawyers or a lost strip of land.
What is not true
It is not true that an encroachment must be removed to sell. Boundary line agreements, encroachment easements and title endorsements all resolve them without a demolition crew.
Questions people ask
What do I do if the survey shows my neighbor's fence on my land?
Deal with it in writing while the relationship is intact. A recorded license or boundary line agreement documents that the intrusion is permitted, which both keeps the peace and stops any prescriptive clock from running against you.
Can I make them move it?
Usually, if you act before a claim matures and the intrusion is genuine. Courts weigh the cost of removal against the harm, and a minor, long-standing, good-faith encroachment sometimes ends in compensation rather than removal.
Will the title company insure over an encroachment?
Frequently, with a survey in hand and an appropriate endorsement, especially for minor eave or driveway overlaps. They price and underwrite that decision from what the survey shows, so the survey comes first.
Related terms
Where this comes up
Homeowner questions where “encroachment” decides the answer:
- Can I build a shed over an easement?
- How close to the property line can I build a fence?
- What is a prescriptive easement?
- How do utility easements affect property value?
- What is encroachment on a property?
Time limits differ by state - see the prescriptive easement period where your property is.
Wondering what an encumbrance like this is worth? Estimate the effect on property value.
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
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