Resolving Property Encroachments in Florida
A property encroachment in Florida occurs when a structure, improvement, or feature on one property extends beyond the property boundary onto an adjoining parcel. Resolving encroachments is essential for maintaining clear title and avoiding disputes that can affect property sales, financing, and neighborly relations.
Discovery and Documentation
Encroachments are typically discovered through:
- Boundary survey: A licensed surveyor identifies structures crossing property lines
- Title search: Prior encroachment agreements or disputes may appear in the public records
- Pre-sale inspection: Title companies identify encroachments during the closing process
- Neighbor notification: The adjacent owner reports a suspected encroachment
Resolution Strategies
- Encroachment agreement: A recorded agreement permitting the encroachment under defined terms
- Removal: The encroaching owner removes the offending structure at their cost
- Boundary adjustment: The property line is formally moved through a deed and new survey
- Purchase: The encroaching owner buys the strip of land they are occupying
- Litigation: The affected owner seeks a court order requiring removal and/or damages
Impact on Property Transactions
Encroachments affect Florida property sales in several ways:
- Title companies may refuse to insure without resolution or an exception
- Lenders may require resolution before approving a mortgage
- Buyers may demand a price reduction or require resolution as a condition of closing
- Unresolved encroachments can create long-term adverse possession risks
Related Terms
- Encroachment — The physical intrusion onto another's property
- Encumbrance — Claims and restrictions affecting property title
- Easement — A property right that may be created to resolve an encroachment
Barnes Walker Property Law
Barnes Walker's real estate attorneys resolve property encroachment disputes across Southwest Florida, protecting owners' rights through negotiation, agreements, and litigation. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC