Those within the real estate world are familiar with the term “encroachments.” But those that are buying or selling a home often find the idea of encroachments to be a little confusing. Many people believe that boundary lines are typically “known.” So what could an encroachment be and why does it matter so much?
About Encroachments
Encroachments are one of the most common boundary-related issues uncovered during property surveys. They occur when a structure, improvement, or use extends beyond one property and onto another. For example, if rocks were used to delineate one property line from another, and those rocks have shifted into one person’s property, that is an encroachment.
Most of the time this is entirely accidental, but there are situations where this can be intentional. Legal battles have been fought over encroachments, since the size of a property is often associated with value.
Encroachments can be caused by many different issues, some natural, some not. Examples include:
- Fence lines not being installed exactly along a boundary line
- Installation of driveways and walkways beyond a property line
- The installation and maintenance of grass onto an adjacent property can be considered an encroachment
- Driveway accessories such as light piers and columns or landscaped garden beds can encroach into a right-of-way
Informal Decisions Made During Construction
Many encroachments begin during the *initial* construction of a structure or improvement. Builders, subcontractors, or property owners may rely on temporary markers, rough measurements, existing fence lines that they assume to be on the boundary line, or visual estimates when placing fences, sheds, driveways, or retaining walls. Without precise reference points, even small errors in judgment can cause an improvement to cross a boundary line.
This is especially common when:
- A property line *appears* obvious based on vegetation, older fencing, or topography.
- Construction occurs without a recent survey.
- Lot lines are irregular or do not align with visible features.
Even minor misalignments can become significant once the improvement is in place and later discovered by a new owner or during refinancing, renovation, or sale.
Assumptions Based on Existing Features
Another common cause of encroachments is reliance on existing features that appear to define a boundary. A fence might have been installed decades earlier without a survey; over time, neighbors assume the fence is accurate and treat it as the true line. The same is true for tree lines, hedges, driveways, and visible grade changes.
These assumptions start to create problems when:
- A previous owner built without verifying the official property line.
- Subsequent owners accepted those features as accurate.
- Improvements were placed relative to these features rather than legal records.
The longer these assumptions remain unchallenged, the more surprising it can be when a survey reveals a discrepancy.
Gradual Expansion of Use Over Time
Some encroachments are not tied to a structure at all. They occur when the practical use of land slowly extends into a neighboring parcel. This often develops in small increments, so neither party notices – or objects -until years later.
Examples include:
- Yard maintenance extending beyond the line.
- Garden beds or landscaping projects placed across boundaries.
- Parking areas or vehicle turnarounds that become routine.
- Repeated use of a small strip of land for access or storage.
- Extension of a yard, fence, shed or swimming pool onto a utility or town-owned property.
When these patterns continue for long periods, they can create expectations or raise questions about access rights, even if no permanent structure exists.
Changes in Property Ownership or Lot Adjustments
Encroachments can also appear unexpectedly when lots are subdivided, combined, or reconfigured. Older parcels may have boundaries that differ from current use patterns, and a change in ownership can bring those issues to light.
Encroachments arise in these scenarios when:
- A subdivision creates new lot lines that do not align with existing improvements.
- A previous merger or boundary adjustment was never
reflected on the groundproperly recorded with the municipality. - A property sale prompts the first survey in many years, revealing inconsistencies.
These circumstances are more common with older neighborhoods, rural parcels, or properties with a long ownership history.
Natural Conditions and Terrain Limitations
In some cases, the physical landscape leads to improvements being placed in the most practical location, even when that location does not align perfectly with the recorded boundary. Slopes, drainage patterns, unusually shaped lots, and difficult terrain can influence construction decisions.
For example:
- A driveway may be placed slightly over a line to avoid a steep grade
- A retaining wall may be shifted to follow stable soil
- Fences may be built around natural obstacles rather than across them
While the intention is functional, the result can still constitute an encroachment.
Intentional or Semi-Intentional Encroachments
Though rare, encroachments can on occasion be partially intentionally. For example, when rebuilding a fence, a homeowner might decide they like the idea of the fence being in a straighter line or covering an area of land that naturally looks like it should belong to them, because it fits the look of their property.
They may be encroaching intentionally, but may not be doing so with malice, rather they may not be thinking through the implications of the encroachment as they work on their projects.
Lack of a Recent Survey Before Building
One of the most common underlying factors is the absence of a current survey. When improvements are added based on outdated records, informal measurements, or assumptions about visible markers, the chance of crossing a boundary increases. A survey provides the definitive reference points needed to place structures correctly. Without it, inaccuracies can accumulate over time.
Why Understanding Encroachments Matters
Encroachments are not always contentious, but they complicate property rights and can influence future transactions, planned projects, or neighbor relationships.
There are legal rights to land, and accuracy matters – not just for the value of the property, but also who is responsible for different parts of land, what can be developed on that land, and much more. Encroachments typically are not caused intentionally or through malice, but they are still important to address early, before conflict arises. Surveys are the method of identifying encroachments that are accepted as legally valid in many real estate transactions, and provide data that can be used to ensure land ownership accuracy.