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.
Your Room opens on this part of the sale, with the offer and everything before it already ticked.
Organize my saleFree to set up. Pay once when you list: $89 or $189. 7-day refund.
See how it worksWhere this comes up in a sale, and what follows
- Buyer's inspection (comes before)
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.
| 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
In your Room, this word explains itself where it appears.
Your Room defines encroachment in the step you meet it in, beside the document or the date it belongs to. Free to set up, with an agent or on your own.
Organize my saleFree to set up. Pay once when you list: $89 or $189. 7-day refund.