What Is an Encroachment?
An encroachment happens when a building, fence, driveway, tree, or other physical improvement crosses the property line and intrudes onto a neighbor's land. The encroachment may be intentional or (more commonly) accidental, resulting from construction without an accurate survey.
Common Encroachments in Florida
- Fences — The most common encroachment. A homeowner installs a fence along what they believe is the property line, but the fence is actually 2 feet onto the neighbor's property.
- Driveways and Patios — Concrete pads poured without a survey that extend past the property line.
- Roof Overhangs and Eaves — The roof structure extends past the setback line or over the property line.
- Trees and Landscaping — Under Florida law, you can trim branches and roots that cross onto your property, but you cannot enter the neighbor's property to do so.
- Easement Encroachments — Building a shed, pool, or fence within a utility or drainage easement.
Legal Remedies
The affected property owner has several options:
- Injunction — Ask the court to order the encroaching party to remove the structure. Courts are more likely to grant removal for intentional or significant encroachments.
- Damages — Monetary compensation for the loss of use of the encroached area.
- Encroachment Agreement — A negotiated written agreement allowing the encroachment to remain, often in exchange for rent or a boundary adjustment.
- Adverse Possession — If the encroachment has existed openly and continuously for 7 years (under Florida Statute 95.18), the encroaching party may claim adverse possession of the strip.
Related Terms
- Survey — The document that reveals encroachments
- Easement — An encroachment into an easement triggers different legal issues
- Title Insurance — May or may not cover encroachment issues depending on the policy
Barnes Walker Boundary Disputes
Barnes Walker's real estate litigators resolve Florida encroachment disputes through negotiated encroachment agreements, boundary line adjustments, and injunctive relief, protecting our clients' property lines and ensuring clean title for future transactions. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC