When something goes wrong
Encroachments and what to do about one
Something built on the wrong side of a line. Usually nobody meant it, which does not make it go away.
An encroachment is an improvement that extends across a boundary onto land it does not belong on. A shed corner, a driveway edge, a fence, an eave, a retaining wall. Most are accidental and most sat there for years before anybody measured.
How they happen
- Somebody built from a fence they assumed was the line
- A structure was placed from a mortgage inspection rather than a survey
- The original corners were gone and somebody estimated
- A driveway or slab was poured a bit wider than planned
- A previous owner did it and nobody has checked since
Why they matter more than they seem
An unresolved encroachment can hold up a sale, because a title company may take exception to it and a buyer’s lender may not accept that. It can also, over enough time and under specific conditions, feed a claim that the occupied line has legally become the boundary. More on that here.
Which is why “it has been there forever, leave it” is a worse strategy than it sounds. Time works against the record owner, not for them.
Your realistic options
Do nothing, deliberately
Sometimes reasonable for something minor and temporary, like a fence you both know is off. Be aware you may be letting a clock run.
Remove or relocate it
Cleanest outcome. Fine for a fence. Expensive for a garage.
Written permission, a licence
You give the neighbor written, revocable permission to keep it there. This is often the smart move, because permitted use is generally not hostile use, which undercuts an adverse possession claim. Get an attorney to draft it.
Grant a formal easement
A recorded easement letting the structure remain. Settles it permanently and puts future owners on notice.
Adjust the boundary
Sell or exchange the affected strip and record a new description. Requires a survey and usually municipal approval, but it genuinely ends the problem.
If you are buying: get a boundary survey during your inspection period. Encroachments found before closing are the seller’s problem to resolve. Encroachments found after closing are yours.
Handling it well
Start with a survey so you are discussing facts. Approach the neighbor before anyone else, because most of these resolve between two reasonable people. Put whatever you agree in writing, and record it if it is meant to bind future owners. Bring in an attorney when there is a structure of real value involved or when the other side will not engage.