What is a property encroachment?
“Technically, any physical feature (from a building extension to landscaping) that crosses the legal boundary line is an encroachment if it’s on your property without your permission,” Alexei Morgado, CEO and founder of Lexawise Real Estate Exam Prep, told Realtor.com. These features can include such things as fences, tree limbs and structural overhangs.
“Property encroachments, though they might sound like a minor concern, can significantly impact the value of your home,” Indianapolis law firm Katzman & Katzman, P.C. says in a blog.
The firm explains that these encroachments can make your home harder to sell — appraisers might lower the value of the home, which can reduce the price you can sell it for. And the legal costs of fighting an encroachment “can eat into your home’s equity.”
In most states, you’re required to disclose any encroachments to prospective buyers. If it’s unknown and discovered during the sales process, it may affect the buyer’s ability to get financing and could delay the sale. In the worst case, the neighbor could claim adverse possession, which would grant them title to the encroached area and reduce your property value.
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Learn MoreWhat to do if your property’s encroached
If you suspect your neighbor’s property is encroaching on yours, the first thing to do is verify that this is, in fact, the case.
“A homeowner who believes that a neighbor has erected a fence, shed, driveway or some other encroaching structure onto their property should first make sure they have a current survey,” Thomas Weiss, real estate litigation attorney at Vishnick McGovern Milizio LLP, told Realtor.com.
If you got a deed or survey when you bought the home, you can check this. Or, you may be able to find information at the local land record office. However, you may need to commission a professional survey prepared by a licensed surveyor.
Many encroachments are unintentional, so a good approach is to start with a calm, friendly conversation. If you’re unable to resolve the dispute, send a formal letter notifying the neighbor of the encroachment, providing details and demanding a remedy by a certain date.
If this still doesn’t bring about a solution, then you may need to consider taking legal action. The laws vary by state so consult a lawyer who specializes in real estate law.
Alternatively, you can allow the encroachment to remain through an easement agreement or a revocable license. An easement agreement is a legal agreement that will allow the neighbor to use the portion of your property that is being encroached for a specific purpose and period.
A revocable license will allow your neighbor to keep the encroachment, but this permission can be revoked at any time. It differs from an easement because it’s much harder to revoke an easement.
An easement or revocable license can still hurt your property value because it’s a hassle many buyers don’t want to deal with.
However you choose to deal with an encroachment, it’s best to tackle it head-on — and as soon as possible — to save headaches and the potential loss of some of your property in the future.
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