What is Encroachment in Real Estate: What Property Owners Need to Know

One small fence shift can trigger a big headache. Encroachment pops up in quiet neighborhoods and busy city blocks alike, and it often surprises even careful owners. At Estavillo Law Group, our firm brings 75 years of combined experience in Real Estate and Foreclosure law to situations like this, and we put that knowledge to work without big firm price tags. Encroachment is also a common cause of property disputes in real estate.

We are committed to high-quality results while keeping costs down. In this guide, we share practical tips on spotting, preventing, and resolving encroachment issues. If you are facing a dispute or just want to check that your property lines are safe, keep reading.

Encroachment occurs when a structure or improvement crosses a boundary onto a neighbor’s land, infringing on the owner’s property. It can be as small as a gutter overhang or as large as a garage built a foot over the line. Even a hedge planted in the wrong spot can count.

Encroachments often arise when one property owner believes that a neighbor is using or occupying a portion of their property without permission. Sometimes, it is intentional, like pushing a fence to gain space.

Often, it is accidental, such as relying on an old fence that was never in the right place. Unclear legal descriptions or missing corner markers can also play a role. The potential consequences of encroachment include legal disputes, financial costs, and damaged relationships between neighbors.

Addressing the issue early helps avoid stress, cost, and roadblocks at sale time. The longer a problem sits, the harder it can be to fix. Good records and prompt action go a long way.

Encroachment shows up in ordinary projects, weekend fixes, and even landscaping. Small steps today can nudge a boundary mistake into a real dispute next season. Structural encroachment is a common type, especially when a neighbor builds a structure that extends onto someone else’s property.

Here are some common examples:

Any of these can spark a disagreement, especially when one owner tries to sell or refinance. Title companies and lenders flag these issues, and buyers worry about future hassle. Legal liability can also arise if an encroaching feature causes damage or injury to the encroached property.

Some structures tend to cause more problems than others, especially when they result in significant encroachments. Large or permanent structures that cross property boundaries and can severely impact property value or complicate sales.

The list below is a quick snapshot of common offenders across residential and small commercial lots, particularly in the context of building projects where careful planning and property surveys are essential to avoid encroachment issues.

If a structure encroaches on public property, cities can issue fines, require removal, or demand permits and a license agreement. This contrasts with encroachment on private property, where property owners may need to resolve disputes directly, often involving legal action or agreements to protect private property rights. Ignoring notices can lead to extra costs and sometimes forced removal. Early contact with the city helps protect you from bigger problems later.

Boundaries come from the legal description in your deed and related recorded maps, which are key property documents for establishing the limits of your real property. Reviewing property documents and previous surveys is essential to verify and clarify property boundaries. Surveyors translate that language into lines on the ground by locating monuments, measuring angles and distances, and matching the record to what exists. Subdivision plats, metes and bounds descriptions, and centerline calls all shape where those lines sit.

A fence or hedge is not proof of a legal boundary. It might be close, but guesswork creates risk. Unclear boundaries can lead to potential boundary disputes between neighbors. Accurate demarcation helps keep neighbors on the same page and limits confusion at sale or refinance.

A property survey shows where your lines sit and whether a structure crosses over. The surveyor marks corners and prepares a map that calls out any encroachments with distances. That map becomes a solid reference for discussions with neighbors, title companies, and city officials, and can reveal if any part of your property extends onto a neighbor’s land or if there are boundary issues.

Getting a professional property survey usually involves a proposal, fieldwork, and a stamped drawing. Be sure to hire a licensed surveyor and ask for corner stakes or markers so you can see the lines in the yard. The final map should clearly label improvements and note any overlaps, providing legal clarity in case of disputes.

A new property survey may be needed before selling your home, after making improvements, or if there are questions about boundary issues or encroachments.

Here is a simple overview of what to expect with a standard boundary survey:

Plat maps and online GIS tools can be helpful for a rough look, yet they lack the precision of a licensed survey. If money is tight, start with research, then schedule a survey when decisions or construction are on the line. Unresolved encroachments discovered by a survey can deter potential buyers and complicate property sales.

Encroachment often starts when a property owner constructs a fence, shed, or other structure that crosses the legal boundary, sometimes due to misplaced trust in old fences, unverified corner pins, or tape-measure estimates. Builders may follow an incorrect stake or assume a line continues straight when it bends. Slope, vegetation, and missing markers can all skew field judgment.

Some cases involve slow creep, like mowing or parking past the line for years, resulting in unauthorized use of another person’s property. Others stem from handshake deals that never got recorded, especially when the boundaries involve disputed land. Verbal agreements fade, and memories differ.

Prevention is cheaper than removal or a lawsuit. Small checks before you build or plant can save thousands later and help avoid boundary disputes with neighboring property owners.

Negotiating with neighbors can often resolve minor encroachments without the need for legal action.

Document your steps and file signed agreements with the county when possible. All parties involved should keep copies of any written agreements. A few extra pages today can spare you from tense conversations later. Your future buyer will appreciate clean files, too.

An easement is a legal right to use another person’s land for a narrow purpose, such as a shared driveway or utility line. It is typically created through neighbor permission, where both parties mutually agree, often in writing, and sometimes with compensation or explicit consent. Easements are formal, legally binding agreements that remain connected to the property even when it changes ownership. They are usually recorded for future owners to see. Everyone knows the terms, which reduces surprises.

An encroachment is different since it is an unauthorized intrusion across the line. The neighbor can demand removal, payment, or a formal agreement. Title companies often require a fix before closing.

Encroachment ripples through many parts of a property deal. What looks minor today can snowball when a buyer, lender, or city gets involved.

The chart below shows common scenarios and practical ways to move forward. Treat it as a starting point for a plan that fits your lot and your neighbor’s concerns.

Adverse possession is a legal doctrine that can turn a simple encroachment into a permanent loss of property rights for the affected property owner.

If an encroaching party uses a portion of someone else’s property openly, continuously, and without permission for a certain number of years (as defined by state law), they may eventually gain legal ownership of that land, even if the original property owner never intended to give it up.

This risk is especially high when a property owner intentionally builds a fence, shed, or other structure over the property boundaries and the true owner does not object or take action.

For property owners, the key to preventing adverse possession is vigilance. Regularly inspect your property boundaries, review your property records, and address any encroachment issues as soon as they arise. If you notice a neighbor’s structure or use crossing onto your land, don’t ignore it. Document the situation and communicate your concerns in writing.

Taking prompt steps to assert your property rights can help ensure that your property remains yours and that you avoid the costly and stressful consequences of losing land through adverse possession.

Homeowners should first try to negotiate with their neighbors to resolve encroachments. Often, communicating directly with the person encroaching can help resolve the dispute without further action. Most neighbors prefer a solution that is fair and quick. Start simple, then step up only if needed.

Whatever path you choose, get signatures and record the final documents. That helps future owners, lenders, and title examiners see the fix. Clean paperwork brings peace and better resale value.

We handle boundary conflicts every day, from fence misplacements to high-stakes buildouts. Estavillo Law Group is dedicated to practical results that protect your property rights while keeping fees sensible. If you need a plan that fits your situation, we are ready to help.

Feel free to call us at (510) 982-3001 or reach our team through our website. We welcome your questions, and we are happy to review surveys, deeds, and photos to spot next steps. A short call can help you move from worry to a clear path forward.