Encroachment Definition
Published by Cash Flow Deals · Last updated 2026-08-04 · Published and reviewed for compliance by Camilo Palacio, a Florida Licensed Realtor
Encroachment is when part of a structure or object, a fence, shed, driveway, roofline, or even tree branches, physically crosses the legal boundary line onto a neighboring property. It's usually discovered through a boundary survey or a title review before closing, and it matters because a lender or title company can require it to be resolved before a sale can fund.
| Factor | Traditional Route | Cash Flow Deals |
|---|---|---|
| Checking for an encroachment before you buy or sell | Reading old fence lines and hoping the listing description is accurate | Ordering a current boundary or ALTA survey and having a title company review it |
| Understanding your legal options if one is found | Guessing at whether it's a minor issue or a real problem | Getting a real estate attorney to explain the difference between an easement, a license, and removal |
| Resolving a dispute with a neighbor | Handling it informally and hoping it doesn't resurface at your next sale | Getting the resolution documented and recorded so it doesn't reappear as a title issue later |
What Counts as an Encroachment
An encroachment is any physical intrusion of a structure or object across a property line onto a neighbor's land. Common examples include a fence built a few feet over the actual boundary, a shed or garage that partially sits on the wrong lot, a driveway that extends past the line, roof overhangs, and even tree branches or roots crossing over. Encroachments can also happen below ground, like a utility line or septic system installed across a boundary without the proper easement in place.
How Encroachments Get Discovered
Most encroachments surface through a boundary survey or during a title review ahead of closing. The American Land Title Association sets the standards for the land title surveys commonly used in real estate transactions, and those surveys are specifically built to flag encroachments, easements, and other boundary issues that could affect ownership. Encroachments can sit unnoticed for years, sometimes decades, between neighbors who never had a reason to check, until a sale, refinance, or new construction project triggers a fresh survey.
Encroachment vs Easement vs Adverse Possession
These three terms get confused constantly, but they mean different things. An encroachment is an unauthorized physical intrusion onto someone else's land, it isn't legally permitted. An easement is the opposite: a legal right, recorded or agreed to, allowing someone to use part of another person's land for a specific purpose, like a shared driveway or a utility line. Adverse possession is a separate legal doctrine where, under specific state law conditions met over a long period of open and continuous use, an encroachment can eventually convert into an actual legal claim to the land. That's a real risk of letting an encroachment sit unresolved for years, not a common outcome, but a real one.
How to Resolve an Encroachment
Resolution options generally include a written license or agreement allowing the structure to stay as-is, a formal recorded easement, a boundary line adjustment that legally redraws the property lines to match reality, physically removing or relocating the encroaching structure, or in long-standing cases, addressing an adverse possession claim through the courts. Which option makes sense depends on how significant the encroachment is, how the neighbors get along, and what a lender or title company will accept before funding a sale.
How Encroachment Affects a Home Sale
An unresolved encroachment can delay or derail a closing. Lenders and title companies routinely require a known encroachment to be addressed, through a recorded agreement, removal, or an insurance endorsement, before they'll fund the loan or issue a clean title policy. Title insurance often specifically excludes coverage for encroachments that a current survey would have revealed, which is exactly why sellers and buyers both benefit from getting a survey done early rather than discovering the issue during underwriting.
Common questions
Can I be forced to remove a fence that's on my neighbor's land?
Generally yes, if the fence is confirmed to be encroaching and the neighbor objects, though the exact outcome depends on state law, how long the fence has been there, and whether any adverse possession claim could apply. A property law attorney can tell you where a specific situation actually stands.
Does title insurance cover encroachments?
It depends on the policy and when the encroachment was discovered. Many standard title policies exclude encroachments that a current, accurate survey would have shown, which is why an updated survey before closing matters even when an older one already exists.
What's the real difference between an encroachment and an easement?
An encroachment is unauthorized, someone built onto land they don't have rights to. An easement is a legal right to use another person's land for a specific purpose, and it's typically recorded or formally agreed to. One is a problem to fix, the other is a normal, legal arrangement.
Can a small encroachment eventually become the neighbor's legal right?
In some states, yes, through adverse possession, if the encroachment is open, continuous, and unchallenged for a long enough period defined by that state's law. This is exactly why encroachments shouldn't be ignored even when they seem minor.
Who pays for a survey to check for encroachment?
This is negotiable and varies by local custom and by contract. In many transactions the buyer orders and pays for the survey as part of due diligence, but sellers sometimes provide an existing survey or agree to split the cost, especially if a boundary question already exists.
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What this means for your options
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