{"id":111688,"date":"2019-06-11T14:30:21","date_gmt":"2019-06-11T20:30:21","guid":{"rendered":"https:\/\/www.biggerpockets.com\/blog\/?p=111688"},"modified":"2023-09-08T01:38:37","modified_gmt":"2023-09-08T07:38:37","slug":"encroachment-real-estate","status":"publish","type":"post","link":"https:\/\/www.biggerpockets.com\/blog\/encroachment-real-estate","title":{"rendered":"Encroachment in Real Estate: How to Handle Property Line Disputes With Neighbors"},"content":{"rendered":"\n\n      <iframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https:\/\/playlist.megaphone.fm\/?e=BIGPOC8681014061\" width=\"100%\"><\/iframe>\r\n  \n\n\n\n<p><span style=\"font-weight: 400;\">As a property owner, you\u2019ll likely have neighbors who own property near you. And while friendly neighbors can make an area enjoyable, they can also be a source of frustration for many residential and commercial property owners.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">One common frustration between neighbors is encroachment in real estate, when someone uses or builds on someone else\u2019s land. On its face, encroachment isn\u2019t a particularly tough concept for smart investors to grasp, but it\u2019s far more complex.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Here\u2019s what you, the savvy BiggerPockets-reading real estate investor, need to know.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">What Is Property Encroachment?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Property encroachment is when someone builds or extends a structure over their property line onto their neighbor\u2019s land, violating the neighbor\u2019s property rights. Generally, such disputes occur over neighboring properties where exact property lines are not clearly defined or easily visible.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Encroachment can be intentional or unintentional but is still a nuisance and an infringement on someone else\u2019s property.\u00a0<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">What Does Encroachment Look Like in Real Life?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Encroachment disputes are almost as old as human civilization. For as long as we\u2019ve had concepts of \u201cmy land\u201d and \u201cyour land\u201d (or even \u201cpublic property\u201d vs. \u201cprivate property\u201d), property owners have had disputes around such distinctions.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Fortunately, you don\u2019t have to defend your private property rights by brute force with a small army. But it\u2019s helpful to understand that encroachment can manifest itself in a few ways.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Here are some common examples of encroachment issues you may encounter:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Someone is building directly on your property.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Someone is building a structure that extends onto your property.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Someone is routinely trespassing on the property, whether for a particular purpose or not.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Someone is abusing a valid easement. Easements are legal means of allowing another person access to your land, assuming they are progressing to another structure. Homeowners with, for example, public beachfront property may have easements that allow neighbors or even the general public the right to use a certain area for traveling to and from the beach. The point is there\u2019s a reason the person is on the property boundaries, generally for a short period.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">It shouldn\u2019t take much imagination to see how a person abusing their simple access to an easement can make a homeowner\u2019s life difficult. Encroachments and easements are not the same. By definition, the former isn\u2019t agreed upon. And yes, an easement may even solve a potential encroachment if appropriate.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">What Can I Do About Encroachment on My Property?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">As a property owner, you have options for handling encroachment situations. They need not all end in bitter litigation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">While there are cases where it may be wise to avail oneself through legal remedies, de-escalating the conflict is often a more direct means of solving the underlying problem.<\/span><\/p>\n<p><b><i>Related: <\/i><\/b><a href=\"https:\/\/www.biggerpockets.com\/blog\/rental-property-red-flags\" target=\"_blank\" rel=\"noopener\" data-wplink-edit=\"true\"><b><i>10 Rental Property Red Flags You Should Never Ignore<\/i><\/b><\/a><\/p>\n<p><span style=\"font-weight: 400;\">Below are potential solutions to try if another property owner violates your boundaries. Please note that these are just a few options to get you started. Discuss these steps with an attorney you trust.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If you attempt any of these actions, document the event with photos, video, receipts, or a conversation record, which could be helpful if you need evidence in court.\u00a0<\/span><\/p>\n<h3><span style=\"font-weight: 400;\">Establish property lines with a formal survey\u00a0<\/span><\/h3>\n<p><span style=\"font-weight: 400;\">This course of action allows you to establish that you are making a good-faith effort to ensure you are dealing with encroachment issues. If you cannot determine the property lines from the deed or find accurate land survey records, contact a land surveyor specializing in measuring the land\u2019s legal boundaries. This professional will conduct a property survey and help you determine between your and your neighbor\u2019s land so you can see if your concern is truly encroachment.\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n<h3><span style=\"font-weight: 400;\">Negotiate if you feel the other party is amicable\u00a0<\/span><\/h3>\n<p><span style=\"font-weight: 400;\">Talk to your neighbor about the situation and see if you can have the situation resolved amicably. It\u2019s helpful to go into the conversation assuming good intent since your neighbor may be unaware they are infringing on your property. This may solve the problem easier and faster than any serious legal action, especially if the issue is a minor encroachment, such as an overextending tree branch or an overgrown hedge in your yard.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Negotiation may be necessary if the situation is a bit more complicated. People can be much more reasonable than we give them credit for. Consider if there is a fair agreement you can live with. If, for instance, your property is between a popular destination and a neighbor\u2019s property, you may have the legal right to work it out between yourselves and even make a profit off of your property with an easement agreement.<\/span><\/p>\n<h3><span style=\"font-weight: 400;\">Get at least one professional opinion\u00a0\u00a0<\/span><\/h3>\n<p><span style=\"font-weight: 400;\">When in doubt, get a third party\u2019s opinion. A proper expert can help you negotiate this situation and assist with any blind spots you may have missed. If you can bounce your plan off of a fellow investor, mortgage lender, or a local real estate attorney, you\u2019ll be in a better position than the property owner who didn\u2019t consult anyone.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">What if My Neighbor Is Still Encroaching on My Property?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">If you\u2019ve tried any of these steps without success, it can be frustrating. Moreover, property encroachments can harm property value if you want to sell in the future.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Contacting a real estate attorney is the next best course of action. A legal professional can help begin any legal action, such as preparing for court or drawing up terms for an easement agreement where your neighbor pays to use a portion of your land.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Although tempting, avoid removing the encroaching structure and crossing property lines yourself. This will escalate the encroachment issue and could backfire against you later if you decide to begin legal action. Continue documenting the course of events and the status of the encroachment, and leave the rest into your lawyer\u2019s hands.\u00a0<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">Bottom Line: Get a Real Estate Lawyer\u2019s Help<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">I hope you\u2019re reading this for purely educational purposes as a continued part of your personal enrichment as a property owner. But if this subject is a little closer to home for you, don\u2019t hesitate to get help from a real estate attorney.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Whether you\u2019re being accused of encroachment by a neighboring property or believe your land has been encroached on by another property owner, neither of these positions is a time to try to play the part of your own counsel. Major real estate disputes (especially threats of legal action) are compelling reasons to get a qualified real estate attorney\u2019s opinion of your circumstances and advice on what to do next.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">There is no substitute for legal counsel, particularly not this article. Consult a legal expert to protect yourself and your property from encroachment issues.<\/span><\/p>\n\n","protected":false},"excerpt":{"rendered":"<p>Encroachment usually occurs over neighboring properties where property lines aren&#8217;t clearly defined or visible.<\/p>\n","protected":false},"author":23983,"featured_media":111843,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5524,7119],"tags":[],"class_list":["post-111688","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-real-estate-investing-for-beginners","category-biggerpockets-daily"],"acf":[],"comment_count":0,"_links":{"self":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts\/111688","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/users\/23983"}],"replies":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/comments?post=111688"}],"version-history":[{"count":0,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts\/111688\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/media\/111843"}],"wp:attachment":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/media?parent=111688"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/categories?post=111688"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/tags?post=111688"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}