Encroachment in Real Estate: Understanding and Addressing Property Disputes

Encroachment in real estate refers to a property owner building or extending a structure beyond their property boundaries, intruding into a neighboring property. This can lead to disputes between neighbors, legal complications, and potential property devaluation. Understanding encroachment and how to address it is crucial for maintaining good neighborly relations and protecting your property rights.

What Is Encroachment?

Encroachment occurs when a structure, such as a fence, driveway, shed, or even a portion of a building, extends over the legal boundary line into an adjoining property. This can happen intentionally or unintentionally, involving physical structures or plantings like trees and hedges.

Types of Encroachment

1. Minor Encroachment:

Minor encroachments typically involve small intrusions, such as a fence or garden bed extending slightly over the property line. While these may seem insignificant, they can still lead to disputes if not addressed.

2. Major Encroachment:

Major encroachments involve significant structures, like parts of a building or a driveway extending into a neighboring property. These intrusions can have severe legal and financial implications.

Causes of Encroachment

Encroachments can occur due to several reasons:

Miscommunication: Property owners may need to know the exact boundary lines, leading to unintentional encroachment.
Negligence: Ignoring or overlooking property lines during construction or landscaping can result in encroachment.
Disputes: Sometimes, encroachments occur due to deliberate actions during neighborly disputes.

Identifying Encroachment

To identify encroachment, you can:

Review Property Documents: Check your property deed, survey maps, and title insurance to understand the exact boundaries.
Conduct a Property Survey: Hire a professional surveyor to determine the precise property lines. This is especially useful if you suspect or are accused of encroachment.
Inspect Regularly: Periodically inspect your property boundaries to ensure no structures or plantings have crossed into your land.

Addressing Encroachment

If you discover an encroachment, consider the following steps:

1. Communicate with Your Neighbor:

Start by discussing the issue with your neighbor. They may not be aware of the encroachment, and a friendly conversation can often resolve minor matters without legal intervention.

2. Mediation:

If direct communication fails, consider mediation. A neutral third party can help both parties reach an amicable solution.

3. Legal Action:

For significant encroachments, you may need to take legal action. Consult a real estate attorney to understand your rights and options. Possible legal remedies include:

Easement: An easement grants the encroaching party the right to use the land for a specific purpose. This can be a permanent or temporary solution, often involving compensation.
Removal: In some cases, the court may order the removal of the encroaching structure.
Adverse Possession: In rare instances, if the encroachment has existed for an extended period without objection, the encroaching party might claim ownership of the land through adverse possession. Laws vary by state, so consult with an attorney.

Preventing Encroachment

To prevent encroachment:

Mark Boundaries: Use fences, markers, or landscaping to delineate property lines.
Survey Before Building: Conduct a property survey before starting construction or significant landscaping projects.
Communicate with Neighbors: Maintain open communication with your neighbors regarding property boundaries and any planned construction.

Final Thoughts

Encroachment in real estate can lead to complex legal and personal disputes, but it can often be avoided or resolved amicably with proper understanding and proactive measures. Regularly reviewing property boundaries, conducting surveys, and maintaining open communication with neighbors are critical to protecting property rights and fostering good neighborly relations. If you face an encroachment issue, consult a real estate attorney to explore your legal options and find the best resolution.

Provider and Settlement Service	Charge or Range of Charges
Sonic Realty LLC	1%-6% of purchase price
Sonic Title Agency, LLC	Title Insurance Policy: $950 - $1706 on a $250,000 property. (Rates vary and are dependent on the state, selling price, and loan amount on the property.) Title Search Fee: $250 - $325 (where applicable) Closing Fee: $450 - $650
Sonic Loans Inc. This company provides various real estate mortgage loan origination activities either as a third-party originator or a mortgage broker, including loan pre-qualification, competitive bid process (when providing third-party origination services), loan origination, loan pre-approval, loan structuring, processing, and closing.	Loan Origination Charge: 0-3 % of loan amount (may include 3^rd party fees) Loan Discount Fee/points: 0.5%-6% of loan amount. Application/Processing Fee: $0.00 - $875.00 Flood and tax service: $0.00 - $95.00 Underwriting Fee: $0.00 - $1295.00 Document Review Fee: $0.00 - $400.00 Appraisal Fee: $0.00 - $850.00 Credit Report Fee: $0.00 - $135.00 Actual charges may vary according to the particular lender selected, the particular services provided, and the underlying transaction, borrower selections, etc. Some or all of these fees may be charged by third parties and/or the Member Mortgage Lender/Mortgage Broker. The Member Lenders and Mortgage Brokers have agreed to pay a fee ranging from 0.5% to 2.75% of the loan amount to Sonic Loans in connection with a range of loan origination services provided by Sonic Loans to the Member Lender/Mortgage Broker. The fees are paid either directly to Sonic Loans by the Member Lender/Mortgage Broker or billed directly to you at closing.

Provider and Settlement Service	Charge or Range of Charges
Appraisal Fee	$0-$800
Credit Report Fee	$63-$125