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.

Properties & types · Updated September 2026

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Part 1 of 4

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.

Encroachment: a simple example
The encroachmentWhat tends to fix it
Your fence on the neighbor's landA recorded encroachment agreement, or moving the fence
The neighbor's shed on yoursUsually an agreement, or an exception the buyer accepts
A driveway shared by customAn 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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