What Is an Encroachment and Should You Worry About One?

An encroachment is a physical thing that extends from one property onto another without permission: a garage built over the line, a fence two feet into the neighbor's yard, a driveway running across the boundary, or a tree limb crossing overhead. The word distinguishes the object from the legal rights that would make the use proper. Absent an easement or agreement, the encroachment is a trespass, however minor.

Encroachments are common in Pennsylvania's older neighborhoods. Row homes in Philadelphia, century-old suburban lots, and towns platted before modern surveying all carry boundary realities that differ from the paper records. Many encroachments have existed for decades with everyone friendly about it; the problem is not the fence, it is what happens when someone sells or a dispute begins.

Encroachments are found in two ways: the survey, which plots the structures against the boundary lines, and the title report, which may show an easement or a note about a boundary issue. A standard mortgage survey in Pennsylvania marks the house, garage, driveway, fences, and any structure that crosses a line. The moment a structure crosses the line, the surveyor flags it.

That is why a buyer should order or insist on a survey when a home has fences, outbuildings, or tight lot lines. The survey is not just for the lender; it is the buyer's map of what actually sits on the land. A seller who knows about an encroaching shed but does not disclose it has created a future claim, while a disclosed encroachment can be handled in the contract.

Pennsylvania handles encroachments through agreement, easement, or litigation. Neighbors can resolve a minor encroachment by an agreement recorded in the deeds, granting permission and documenting the boundary reality. An attorney can draft an easement that legalizes a driveway or utility line that crosses a boundary. When the parties cannot agree, the dispute goes to court, where the outcome depends on the facts and how long the encroachment existed.

One Pennsylvania doctrine to know: adverse possession and prescriptive rights can ripen a long, open encroachment into a legal right after enough years. A fence standing openly for decades can become the neighbor's property. That cuts both ways: a homeowner who ignores a neighbor's encroachment for years may lose the right to object. See how adverse possession works.

When a survey reveals an encroachment, map it before you decide: whose structure crosses which line, how long it has been there, and what the neighbors have agreed to. A driveway that has been shared for 40 years is usually a non-issue with a recorded or agreed understanding. A garage built entirely over the boundary is a problem worth negotiation or an attorney review.

Consider the risk in dollar terms. A minor encroachment with friendly neighbors affects little; a disputed encroachment can block a renovation, trigger a lawsuit, or reduce the home's resale value. Ask the seller for any prior surveys, permission letters, or easements, and put the resolution in the contract before signing.

Sellers should disclose known encroachments on the Seller's Property Disclosure Statement, which asks about boundary lines, encroachments, and easements. An honest seller also gathers the documents that make the encroachment benign: an old survey, a written neighbor agreement, or a recorded easement. That paperwork turns a vague risk into a manageable fact.

If an encroachment is significant, the seller can resolve it before listing by removing the structure, buying the affected strip, or recording an easement with the neighbor. Each fix costs money, but each is cheaper than losing a sale to a title objection. A title company may also refuse to issue clean coverage until the encroachment is addressed, so early attention protects the listing.

Encroachments are boundary facts, not necessarily disasters. Handle them with this sequence.

• ✓ Get the survey: only a survey shows what actually crosses the line
• ✓ Map it: know whose structure crosses, by how much, and since when
• ✓ Ask about agreements: a recorded easement or neighbor agreement can make the crossing benign
• ✓ Check the age: a decades-old crossing may have become a prescriptive right
• ✓ Resolve in the contract: put the resolution in writing before closing, not after

Sellers who disclose and document encroachments sell faster and avoid contract fights over boundary lines. Buyers who see the survey before the offer know exactly what they are buying and can price the boundary reality into the deal.