4 Common Ways Tenants Encroach on Adjacent Land

[Shema Cochrane]

Most people think of property lines as fixed and respected. But if you’ve ever rented land, or let someone else use yours, you know it’s not always that simple.

Tenants (even well-meaning ones) can slowly creep over boundaries in ways that cause legal headaches, survey disputes, or even permanent loss of land rights if not handled early.

Here are a few ways it usually happens:

1. Putting Structures Just Over the Line

That little shed? The chicken coop? Even a fence? If it crosses the property line, even by a few inches, that’s encroachment. Some renters build without checking lot lines, especially in rural areas where things feel more “loose.”

2. Clearing or Using Land That Isn’t Theirs

Some tenants start clearing brush, grazing animals, or even parking vehicles on land that technically isn’t theirs, especially if there's no fence or obvious boundary.

3. Extending Utilities Without Permission

Water lines, drainage pipes, or even electric poles can sometimes get extended across parcel lines “because it was easier.” Tenants may not realize it’s an issue, until the neighbor complains or demands removal.

4. Treating Adjacent Land Like It’s Part of the Lease

Sometimes the tenant just assumes land nearby is fair game, whether it’s for a garden, a fire pit, or expanding their living area.

Land Consultant’s Note:

If you're renting out land, especially rural acreage, I know it’s easy to assume things will go smoothly. But a little clarity upfront can save you so much stress later.

Here’s what I recommend:
- Get it surveyed (even a basic one helps)
- Mark the boundaries, physically, not just on paper
- Put it in writing, your lease should make it clear what’s included (and what’s not) 
- Check in regularly, not to micromanage, but to protect what’s yours

You worked hard to acquire that land. Just taking these small steps can help you avoid situations where you’re forced to give up ground, literally, on something you invested your time, money, and vision into.