Lifestyle
Property Encroachment Explained
Learn what property encroachment is, why it's a growing issue, and how to resolve disputes over property lines. Protect your home and investment.
What is it?
Encroachment in real estate occurs when a property owner violates their neighbor's rights by building or extending a structure onto their land or airspace without permission. This can be intentional or accidental. Common examples include a fence built over the property line, a driveway that extends onto a neighbor's lot, an overhanging roof eave, or even a garden bed that creeps past the boundary. Unlike an easement, which is a legal right to use another's land for a specific purpose, an encroachment is an unauthorized intrusion.
Why is it trending?
With increasing urban density and a surge in home renovations, property line disputes are becoming more frequent. Many properties, especially older ones, rely on outdated surveys, leading to confusion about exact boundaries. As homeowners build additions, decks, and fences to maximize their space, the risk of accidentally crossing a property line increases. The rise of DIY home improvement projects without professional surveying can also lead to unintentional encroachments, sparking neighborly conflicts.
How does it affect people?
Encroachment can create significant financial and legal problems. It can lead to strained relationships with neighbors and costly legal battles to resolve the dispute. For the affected property owner, it can diminish their property value and create issues when they try to sell. An unresolved encroachment is a cloud on the property's title, which can deter potential buyers and complicate mortgage financing or title insurance. Resolving it often requires hiring a surveyor, mediation, or even court action to have the encroaching structure removed.