If you’re buying a home, you might need a property survey before making a final decision. This service can detect violations and determine if a neighbor has built over the land. The following guide will explain what encroachment is and how you should approach the topic. 

What Is Encroachment?

When referring to real estate, encroachment is any situation where a property owner builds on or overlaps a neighbor’s land and violates their property rights. Some surveyors might not refer to this occurrence as “encroachment”; they might call it gore, hiatus, or overlap instead. 

It’s important to know if your property is being encroached upon because it can affect the property value and make boundaries confusing for both parties. A property survey is usually required when purchasing your first home because it will help lenders determine the value of the mortgage loan. However, you’re free to have a property survey conducted at any time. 

Types of Encroachment

There are three types of encroachment: minor, major, and structural. Minor encroachment is any property overlap that has little effect on insurance or value. This can include fences, gardens, or shrubs planted over property lines.

Major encroachment refers to issues that can cause a large financial predicament, such as a garage or section of a house built on a neighbor’s property or natural elements like trees. These features can affect property value and be difficult to remove.

Structural encroachment happens when someone builds a structure over property lines. This is similar to major encroachment but refers exclusively to man-made structures.

What Can You Do About Encroachment?

First, talk to your neighbor. It’s likely that they’re unaware of the situation, and they’ll probably work with you to fix it without any hassle.

If your neighbor doesn’t want to remove the structures or materials on your property, you can offer to sell that section of land to them. This may be the best situation because they won’t have to go through the process of removing the items on your land, and you’ll gain financially. 

If you can’t reach an agreement, your final option is to take the situation to court. If you legally own the land, you’ll likely be granted the space or comparable financial compensation for the area. 

If you need a property survey, contact Ferguson & Foss Professional Land Surveyors PC in Johnstown, NY. These surveying professionals help residents in Fulton, Montgomery, Hamilton, Saratoga, and Herkimer counties. They provide both residential and commercial property surveys and help with subdivision and topographic mapping. Visit their website to learn more about their services, or call (518) 762-9997 to schedule an appointment.