Quick Answer
An encroachment means something physical, like a fence or a shed, sits over the property line. A survey usually reveals it, and while it's not always a dealbreaker, it typically needs to be addressed before closing.
- What it is
- A physical structure crossing a line
- Usually found by
- A property survey
- Common examples
- Fences, sheds, driveways, overhangs
- Not the same as
- An easement, which is a use right
How Encroachments Get Discovered
Most encroachments turn up on a current survey, which compares the actual footprint of structures against the recorded property lines. A visual walkthrough often can't catch a fence that's a foot or two over the line, especially on older lots where boundaries were staked out decades ago.
Encroachments can also be a symptom of an outdated survey being relied on, which is one reason buyers on older or irregular lots sometimes order a fresh one.
How They Get Resolved
Options range from a simple agreement between neighbors acknowledging the situation, to physically moving the structure, to a formal boundary line adjustment recorded with the county. In many cases, a minor encroachment like a foot of fence doesn't stop a sale, as long as it's disclosed and the buyer accepts it.
An encumbrance more broadly includes encroachments along with other claims that can affect a property's title or use.
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Frequently Asked Questions — Encroachment
Does an encroachment kill a home sale?
Not usually. Minor encroachments are often resolved through disclosure, a written agreement, or a boundary adjustment rather than stopping the sale.
Who has to fix an encroachment?
It depends on the situation and what the parties agree to; sometimes the structure is moved, sometimes it's addressed through a recorded agreement instead.
Can a neighbor's shed on my land become theirs over time?
Indiana law recognizes adverse possession in limited circumstances, but it's fact-specific and worth discussing with a real estate attorney rather than assuming.
How do I know if I have an encroachment?
A current survey is the most reliable way to confirm whether a structure crosses a property line.