What Is an Encroachment on a Survey?

Imagine you’ve just bought your dream home. The sun is shining, you’re planting flowers along the fence, and suddenly a neighbor comes over to chat. They mention, almost casually, that a portion of your new fence might actually be on their property. Cue the confusion—and maybe a little panic! This scenario is more common than you might think, and it all comes down to something called an "encroachment" discovered during a property survey.

Understanding Encroachments

In simple terms, an encroachment happens when a structure or improvement—like a fence, garage, driveway, or even a tree—crosses over the legal property line onto someone else’s land. It’s usually not intentional. Sometimes, it’s the result of outdated maps, honest mistakes, or unclear boundaries. But no matter the reason, encroachments can stir up trouble if left unresolved.

How Are Encroachments Discovered?

Most people find out about encroachments during a professional property survey. This is when a licensed surveyor comes out with their high-tech tools to map out the exact boundaries of your property. If anything crosses those lines—a shed, a fence, a deck—it gets flagged as an encroachment.

• Buying or selling a home: Title companies and lenders often require a survey before closing to make sure there are no boundary surprises.
• Renovations: Adding a new structure or improving your yard? A survey can help you avoid accidentally encroaching on your neighbor’s land.

Why Do Encroachments Matter?

Encroachments aren’t just a paperwork headache—they can cause real problems. They might lead to disputes between neighbors, complicate property sales, or even affect your ability to get title insurance. In some cases, they can reduce your property’s value or make it harder to sell in the future. That’s why it’s important to address them early.

What Can You Do If There’s an Encroachment?

If a survey reveals an encroachment, don’t panic. Here are some common solutions:

• Negotiate: You and your neighbor might agree to let the structure stay, often by creating a legal agreement like an easement.
• Remove or relocate: Sometimes, the best solution is to move the fence, shed, or other structure back onto your own property.
• Adjust the boundary: In rare cases, neighbors might agree to officially change the property line (with the help of legal professionals, of course).

Final Thoughts

Encroachments can feel overwhelming, but they’re a common part of real estate. The key is to address them openly, communicate with your neighbors, and seek professional advice when needed. A good surveyor and a friendly conversation can go a long way toward keeping your dream home—and your neighborly relationships—intact.