Encroachment
When a structure crosses onto a neighboring property. A fence built two feet over the property line is an encroachment. A survey usually catches these before closing.
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Why a seller cares
A fence, a shed or a driveway over the property line is an encroachment, and the buyer's survey finds it. Clearing it can mean moving something, signing an agreement with the neighbor, or a title exception the buyer accepts.
Part 2 of 4
A simple example
The survey shows your fence eighteen inches onto the neighbor's lot along the whole east side. The buyer's lender wants it addressed.
| The encroachment | What tends to fix it |
|---|---|
| Your fence on the neighbor's land | A recorded encroachment agreement, or moving the fence |
| The neighbor's shed on yours | Usually an agreement, or an exception the buyer accepts |
| A driveway shared by custom | An easement written and recorded |
An encroachment is a line crossed. The fix is either the structure or the paperwork.
Part 3 of 4
What people get wrong
That a fence that has stood for years is settled. The survey does not care how long it has stood; only the paperwork settles it.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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