An encroachment occurs when a structure, improvement, or feature on one property extends beyond its legal boundary onto neighboring land or into an easement area. Common encroachments include fences built a few inches or feet past the property line, roof overhangs extending over a neighbor's land, driveways or walkways crossing a boundary, tree roots and branches intruding into adjacent property, sheds or garages built too close to or over the line, and retaining walls that encroach on setback requirements.
Encroachments create several potential problems. The affected neighbor may demand removal of the encroaching structure, potentially at significant cost. The encroachment may violate municipal building setback requirements, which could trigger code enforcement action. If the encroachment is left unaddressed for the statutory period required in your state, the encroaching party may eventually claim an adverse possession right to that strip of land. And from a title perspective, encroachments can cloud the title and affect the property's marketability.
Encroachments are typically discovered through a property survey — particularly an ALTA survey that maps all improvements in relation to property boundaries. A standard title search of public records will not reveal encroachments because they are physical conditions on the ground, not recorded documents. This is why title insurance policies typically include a standard exception for "matters which would be disclosed by an accurate survey" — meaning encroachments discovered later would not be covered unless a survey was obtained and the exception was removed.
When an encroachment is discovered during due diligence, the buyer has several options. They can negotiate with the seller to resolve the issue before closing (by removing the encroaching structure or obtaining an easement agreement from the neighbor). They can accept the encroachment and proceed with the purchase, understanding the risk. Or they can cancel the contract under an inspection or survey contingency.
At Beycome Title, we recommend surveys for properties where boundary issues are a concern — particularly older homes, waterfront properties, and properties with improvements near the boundaries. Our title team can help you understand the implications of any encroachments discovered and advise on the best path forward. Get your free title quote.