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What Does Encroachment Mean?
In real estate, encroachment occurs when a property owner intentionally or unintentionally builds on or extends a structure onto a neighbor’s land or property. Encroachment can be a problem along disputed property lines, so it’s important to understand property rights and to have properties surveyed and clearly marked.
If an encroachment occurs, property owners can resolve the condition by first attempting to communicate with the person encroaching to resolve the dispute. If this fails, owners can resort to legal action.
Key Takeaways
- Encroachment occurs when a property owner unlawfully extends structures onto a neighbor’s land, which can create disputes.
- Encroachment can be intentional or unintentional, often due to misunderstood or incorrect property lines.
- Land surveys are crucial for accurately establishing property boundaries and avoiding encroachment issues.
- Structural encroachment on public property may result in removal without compensation.
- Easements differ from encroachments as they involve mutual consent and often include compensation.
Key Aspects of Real Estate Encroachment
Property and land surveys are an important part of homeownership. Not only do they help determine property value, but they also help establish property lines and boundaries. Professional surveyors are responsible for completing these surveys. Many homeowners get their first survey when they apply for a mortgage because lenders require them to ensure the loan matches the property’s value. Property owners can request surveys at any time, especially during disputes or encroachments on property lines.
Important
Most mortgage lenders require a land survey as part of the approval process to ensure the loan matches the property value.
Encroachment occurs when someone crosses legal property boundaries, violating another property owner’s rights. Encroaching on someone else’s property is akin to trespassing—that is, entering another person’s grounds without their express permission. A homeowner encroaches when they build, add, or extend a structure, addition, or improvement beyond the legal property boundaries.
Some property owners knowingly encroach by crossing property lines. Someone who builds a fence or makes an addition to their home, despite knowing the property lines, does so intentionally. However, most encroachments are unintentional, occurring when owners are unaware of or misinformed about boundaries. For instance, a property owner may unintentionally encroach on a neighbor’s property by allowing a hedge or a tree limb to grow beyond property limits.
Structural encroachment occurs when an owner builds or extends structures onto private property or public areas, such as sidewalks or roads. In most cases, sidewalks and residential streets are generally public property owned by the municipal government. This means that a property owner who builds a driveway or erects landscape components—trees, bushes, and flowers—that encroach on public property may have the structures removed by the government. Furthermore, the property owner may not be compensated for any damages that occur from tearing down the structures.
Important Considerations for Property Owners
Since a property survey outlines the physical layouts of a property, including the measurement of metes and bounds, wrong information contained in the survey may lead to a physical intrusion on a neighbor’s land. Unintentional encroachment problems are sometimes resolved with a simple conversation between both parties. However, if the disagreement persists over whether someone’s property right was violated, the issue may be taken to court for resolution.
Encroachment can occur unknowingly, so owners should verify their boundaries before building near them. Owners planning changes near property lines should talk to neighbors or get a land survey to ensure work stays within boundaries.
What Is an Easement?
People often confuse encroachment with easement. Both involve a property owner making extensions over their neighbor’s property. While encroachments are the unauthorized use of the neighbor’s property, easements are agreed upon by both parties. In many cases, the party responsible for the easement compensates the other neighbor. An example of an easement can be seen when a property owner explicitly gives a neighbor permission to access a nearby beach through his property.
What Is an Example of Encroachment?
A common example of encroachment would be the building of a fence. If one property owner constructs a new fence without being certain of where the property line falls, he could inadvertently build the fence on his neighbor’s property.
What Is a Land Survey?
Many people who have bought a new home are familiar with numerous steps and costs involved before closing on the sale can take place. One of those fees typically is for a land survey, which is handled by a company that confirms the precise boundaries of the property being sold.
The Bottom Line
Encroachment in real estate often involves disputed boundaries separating the properties of neighboring landowners. One neighbor encroaching on another’s property might be unintentional, but in some cases, it may be intentional if the violator believes they have a right to the disputed land.
Land surveys clear up most property disputes and can help avoid such disputes if they are sought before beginning any building projects near a property line. In some cases, an easement provides agreed-upon access to a portion of property; however, easements generally only provide access, not permanent improvements.
To avoid encroaching on another’s property or to prevent it from occurring, homeowners should have surveys conducted and property lines clearly marked to allow neighbors to respect each other’s legal boundaries and maintain good relations.
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