Real Estate Word of the Day: Encroachment

Encroachment is a situation where one person or entity, intentionally or unintentionally, intrudes upon another person's land or property. This intrusion can take various forms, such as buildings, fences, driveways, or even overhanging tree branches or roots.

Encroachments can happen for a variety of reasons. Sometimes, they result from honest mistakes, like a property owner misjudging their property boundaries. Other times, they may occur maliciously, as a neighbor intentionally encroaches on your land. Regardless of the cause, encroachments can have serious legal and financial consequences.

If you discover an encroachment on your property, it can lead to disputes and legal battles with the encroaching party. This can be costly and time-consuming, potentially affecting your ability to sell or use your property as intended. Encroachments can negatively affect your property's value. Potential buyers may be wary of purchasing a property with encroachments, or they may negotiate a lower price, reducing your return on investment. Dealing with encroachment issues can be emotionally draining and disrupt your peace of mind as a property owner.

Now that you understand the potential risks of encroachment, let's explore some proactive steps you can take to protect your real estate investment:
  • Before purchasing a property, invest in a professional land survey to accurately determine the property boundaries. This can help prevent disputes and surprises later on.
  • Familiarize yourself with local zoning regulations and property laws to ensure you comply with them when building or making property improvements.
  • If you suspect or discover an encroachment issue, try to resolve it amicably with the party involved. Often, open communication can lead to mutually beneficial solutions, such as property line adjustments or easements.
  • If negotiations fail or you encounter a more complex encroachment issue, consult with a real estate attorney who specializes in property disputes. They can provide legal guidance and represent your interests in court if necessary.
  • Consider purchasing title insurance when buying a property. Title insurance can protect you against certain types of encroachment-related disputes and financial losses.

Protecting your real estate investment from encroachment is crucial for maintaining its value and your peace of mind as a property owner. By taking proactive steps such as getting a survey, understanding local regulations, and seeking legal advice when needed, you can safeguard your investment and enjoy the benefits of real estate ownership for years to come.


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Looking to buy or sell your home on Staten Island? For all your real estate needs, look no further than Tom Crimmins Realty! Give us a call at (718) 370-3200, and we can provide you with professionally-trained agents who are flexible to all that you’re looking for!


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