What Is an Encroachment?
An encroachment is a physical intrusion onto another person's property. It occurs when a building, fence, driveway, roof overhang, landscaping, or other improvement crosses the legal property boundary and extends onto a neighbor's land, into an easement, or beyond a required setback line.
Encroachments are typically discovered when a survey is performed as part of a real estate transaction. They can also surface during construction permitting, fence installation, or neighbor disputes.
Florida Legal Context
Florida does not have a single statute that governs encroachments. Instead, encroachment disputes are resolved through common law principles, including:
- Trespass — An encroachment is technically a continuing trespass. The affected property owner can sue for removal or damages.
- Injunctive relief — A Florida court can order the encroaching structure removed if the encroachment is intentional or causes significant harm.
- Equitable considerations — If the encroachment is minor, unintentional, and costly to remove, a court may award damages instead of requiring removal, particularly if the encroaching party acted in good faith.
- Adverse possession — If the encroachment has existed openly for 7+ years and the encroaching party meets all statutory requirements, they may claim ownership of the encroached area.
How Encroachments Affect Real Estate Transactions
Encroachments create title issues because they represent a competing use claim on the property. During a title search, the survey may reveal encroachments that the title insurance company will list as exceptions on the policy. Common encroachment scenarios include:
- A fence built 2 feet onto the neighbor's property
- A roof overhang or gutter extending over the property line
- A shed or pool deck built within the required setback area
- A driveway crossing onto an adjacent parcel
Minor encroachments (a few inches of fence overlap) may be resolved with a boundary line agreement between the neighbors. Significant encroachments may require removal, relocation, or a negotiated easement.
Related Terms
- Boundary Dispute — Often triggered by a discovered encroachment
- Adverse Possession — Long-standing encroachments may support a claim
- Survey — The instrument that identifies encroachments
- Encumbrance — An encroachment is a type of non-financial encumbrance
- Cloud on Title — An encroachment can cloud the title
Barnes Walker Encroachment Resolution
Barnes Walker's real estate attorneys handle encroachment disputes through negotiation, boundary line agreements, and litigation when necessary. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC