What Does Encroachment Mean?
Let me explain encroachment in real estate directly: it means one property owner is violating the rights of another by building on or extending a structure to the neighbor's land or property, whether intentionally or not. You might encounter this as a problem along disputed property lines.
Key Takeaways
- Encroachment occurs when a property owner trespasses onto their neighbor’s property by building or extending structures beyond their property line.
- Property owners may encroach on their neighbors intentionally or unintentionally.
- Structural encroachment occurs when a property owner builds or extends a structure onto public spaces.
- Boundaries and property lines can be cleared up by getting a land survey.
- Although similar, easements are consensual and provide fair compensation to the legal property owner.
Understanding Encroachment
Property and land surveys are a key part of homeownership, and I recommend you understand them. They not only help determine property value but also establish property lines and boundaries. Professional surveyors handle these surveys. Many homeowners get their first survey when applying for a mortgage, as lenders require it to ensure the loan matches the property's value. You can get a survey done at any time, especially if there's a dispute or encroachment on property lines.
Here's an important point: most mortgage lenders require a land survey as part of the approval process to ensure the loan matches the property value.
Encroachment happens when someone crosses boundaries outlined in a survey, violating the property rights of another owner. Encroaching on someone else's property is like trespassing—that is, entering another person's grounds without their express permission. You encroach on your neighbor's property if you build a new structure, add to an existing one, or extend your fence beyond the lawful boundaries separating both properties.
Some property owners encroach on their neighbors by knowingly going beyond their property lines. If you build a fence or add to your home despite knowing the property lines, you're doing it intentionally. But in most cases, encroachment is unintentional—when you're either unaware of or have wrong information about legal boundaries. For instance, you might unintentionally encroach on a neighbor's property by allowing a hedge or a tree limb to grow beyond property limits.
Structural encroachment occurs when you build or extend a structure onto the public domain, such as sidewalks or roads. In most cases, sidewalks and residential streets are public property owned by the municipal government. This means if you build a driveway or erect landscape components—trees, bushes, and flowers—that encroach on public property, the government may remove the structures. Furthermore, you may not be compensated for any damages from tearing down your structures.
Special Considerations
Since a property survey outlines the physical layout of a property, including measurements of metes and bounds, wrong information in the survey may lead to a physical intrusion on a neighbor’s land. Unintentional encroachment problems are sometimes resolved with a simple conversation between both parties. However, if disagreement persists on whether someone’s property right was violated, the issue may go to court for resolution.
While encroachment may occur without your knowledge as the violator, you should carry out due diligence before erecting any structures that may fall close to the boundary separating your property from another. If you're wishing to make changes near your property lines, talk to your neighbors or have a land survey done to ensure the work falls within your own property boundaries.
What Is an Easement?
People often confuse encroachment with easement. Both involve a property owner making extensions over their neighbor’s property. While encroachments are the unauthorized use of the neighbor’s property, easements are agreed upon by both parties. In many cases, the party responsible for the easement compensates the other neighbor. An example of an easement is when a property owner explicitly gives a neighbor permission to access a nearby beach through his property.
What Is an Example of Encroachment?
A common example of encroachment would be building a fence. If you construct a new fence without being certain of where the property line falls, you could inadvertently build the fence on your neighbor's property.
What Is a Land Survey?
Many people who have bought a new home are familiar with the numerous steps and costs involved before closing on the sale. One of those fees typically is for a land survey, which is handled by a company that confirms the precise boundaries of the property being sold.
The Bottom Line
Encroachment in real estate commonly involves disputed boundaries separating the properties of neighbors. One neighbor encroaching on another's property might be unintentional, but in some cases it might be intentional if the violator believes he has a right to the disputed land.
Land surveys clear up most property disputes and can help you avoid such disputes if sought before beginning any building projects near a property line. In some cases, an easement provides agreed-upon access to a portion of property.
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