Selling a House With an Encroachment Issue

An encroachment occurs when a structure, fence, driveway, or other improvement crosses a property boundary. Even a small overlap can create questions for buyers, lenders, and title companies. Gathering accurate information early can help you evaluate possible solutions and decide how you want to sell.

Confirm the Property Boundary

Start with your deed, recorded plat, and any existing survey. Because old markers and informal assumptions may not show the legal boundary accurately, a licensed surveyor may be needed to identify the location and extent of a possible encroachment.

Document the Encroachment

Take clear photos and note which improvement crosses the boundary, how long it has been present, and whether either owner has maintained it. Keep copies of permits, prior surveys, title documents, and written communications that may help qualified professionals understand the history.

Review Possible Agreements

Depending on local law and the circumstances, owners may consider moving the improvement, adjusting a boundary, or creating a written agreement. A real estate attorney, surveyor, and title professional can explain which options may be available and how each could affect a future sale.

Prepare for Buyer Questions

A traditional buyer may request a current survey or a documented resolution before closing, and a lender or title company may have its own requirements. Discuss applicable disclosure obligations with an appropriate local professional and avoid promising a particular outcome before the records have been reviewed.

Compare an As-Is Sale

If resolving the encroachment would require more time, cooperation, or expense than you want to take on, compare an as-is cash offer with survey costs, professional fees, carrying costs, and the uncertainty of a traditional sale. Share known conditions so potential buyers can evaluate the property accurately.