Disputes & neighbors
What is encroachment on a property?
Encroachment is when a structure, fence, driveway, or landscaping crosses the legal boundary onto a neighboring property without permission.
Encroachment is a physical invasion of another person's land. Common examples include a fence built a foot over the line, a shed that straddles the boundary, or a driveway that extends onto the neighbor's lot.
An encroachment is not the same as an easement. An easement is a recorded right to use part of a property. An encroachment is an unauthorized use that may become a prescriptive easement or adverse possession claim over time.
Encroachments are best resolved before closing. A survey can reveal them, and a title policy may or may not cover them depending on whether they are recorded or visible.
What this looks like in practice
An encroachment is a physical intrusion onto land you do not own, a fence a foot over the line, a driveway apron, a roof overhang, a retaining wall, an air conditioning pad. It is a boundary problem, not a use right, which is what separates it from an easement.
Small encroachments are extremely common and usually get resolved with paperwork rather than demolition: a boundary line agreement, a recorded encroachment license, or a lot line adjustment. What makes them expensive is time. An encroachment left in place long enough can, in some states, support a prescriptive or adverse claim, and it will surface as an objection at the next sale.
What to do next
- 1Get a boundary survey showing the true line and the extent of the intrusion in feet.
- 2Determine which direction it runs, yours onto theirs, or theirs onto yours.
- 3Choose a remedy: removal, a recorded encroachment agreement, a boundary line agreement, or a lot line adjustment.
- 4Record whatever the parties agree to, so it binds future owners.
What to look for
- A current survey that compares fences and structures to the legal boundary.
- Recorded easements or agreements that might authorize the overlap.
- Signs of long-standing use that could ripen into a prescriptive claim.
- Neighbor correspondence about boundary disputes or encroachments.
Questions people ask next
Does title insurance cover encroachments?
Only if the survey exception was deleted and the policy covers it. Standard policies commonly except matters a survey would disclose, which is exactly what an encroachment is.
Can I just make them remove it?
Sometimes, but courts weigh the cost of removal against the harm. For minor, innocent encroachments some courts prefer compensation or an agreement over forced demolition.
How long before it becomes permanent?
It varies by state and by claim type; the relevant clocks are the adverse possession and prescriptive periods, which run from roughly five to twenty years.
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.
Know your easements before you close
Upload your title commitment and get a plain-English easement audit in minutes.