Property encroachment is an issue many California homeowners never anticipate until it becomes unavoidable. A fence, driveway, shed, or structure that crosses a property line can create legal uncertainty, neighbor conflict and serious complications when selling or refinancing a home.
Encroachment problems are widespread in older neighborhoods where original surveys were completed decades ago, and property lines were assumed rather than verified. Over time, ownership changes, structures shift and undocumented use of land becomes normalized, until a formal survey reveals a problem.
Understanding how property encroachment works in California and knowing your options early can help you avoid costly mistakes and make confident decisions.
What Is Property Encroachment?
Property encroachment occurs when a structure, improvement, or use extends onto land that does not belong to the person using it. Common examples include:
- Fences built beyond a property line.
- Driveways partially crossing onto a neighboring lot.
- Garages, decks, sheds, or additions built over the boundary.
- Landscaping, retaining walls, or trees are placed on adjacent land.
In many cases, the encroachment was created years earlier by a previous owner. While it may have gone unnoticed at the time, responsibility typically transfers to the current property owner.
Most homeowners discover encroachment during:
- A property survey for a sale or refinance
- A dispute with a neighbor
- Plans to remodel or build
Why Encroachment Becomes a Serious Issue
Encroachment is not just a technical boundary problem. It often leads to financial and legal consequences, including:
- Reduced property value
- Buyer hesitation or canceled sales
- Lender’s refusal to finance
- Legal disputes with neighbors
- Loss of property rights over time
California law recognizes concepts such as adverse possession and prescriptive easements, which can allow long-term use of land to become legally protected if left unchallenged. This means delaying action may limit or eliminate your ability to resolve the issue later.
Confirm the Boundary Legally
Before taking any action, confirm that an encroachment actually exists.
This requires:
- Hiring a licensed California land surveyor
- Reviewing your property deed
- Collecting any prior surveys, maps, or title documents
Encroachment vs Easement Understanding the Difference
These two terms are often confused but have very different legal meanings.
- Encroachment: Unauthorized use of land without legal permission
- Easement: A legally recorded right allowing another party to use a specific portion of your property
Attempt a Neighbor Resolution
In many cases, encroachment disputes can be resolved without litigation. Neighbors may be unaware that a boundary was crossed and are often willing to cooperate when presented with clear information.
A productive discussion typically includes:
- Sharing the survey results
- Explaining the issue calmly and factually
- Exploring mutually beneficial solutions
Possible resolutions include:
- Removing or relocating the structure
- Granting or purchasing an easement
- Selling or purchasing a small strip of land
- Creating a formal boundary agreement
Early communication often prevents long-term conflict.
Document and Record the Agreement
Any agreement reached should be formalized in writing. Verbal or informal contracts do not protect future owners and may not hold legal weight.
Depending on the situation, this may involve:
- A boundary line agreement
- An easement document
- A lot line adjustment
When Legal Assistance Is Necessary
If a neighbor refuses to cooperate or the encroachment significantly affects the use or value of the property, consulting a California real estate attorney is often necessary.
Legal options may include:
- Mediation
- Demand letters
- Court action to enforce removal or compensation
What If Your Property Is the One Encroaching?
Discovering that your structure encroaches on a neighbor’s land can be equally stressful. Ignoring the issue increases the risk of legal action and complicates future transactions.
Proactive steps include:
- Reviewing survey results carefully
- Communicating with the affected neighbor
- Exploring relocation, easement, or land purchase options
Selling a Home With an Encroachment in California
California law requires sellers to disclose known encroachment issues. As a result:
- Some buyers may withdraw
- Others may demand price reductions.
- Lenders may decline financing.
- Sales timelines may extend significantly.
Selling As-Is Without Resolving the Dispute
For homeowners who do not want to negotiate with neighbors or pursue legal remedies, selling the property as-is may be the most practical solution.
Specific buyers, including companies like ZG Home Relief purchase properties with boundary and title issues. These transactions typically involve:
- No repairs or dispute resolution
- No traditional financing requirements
- Faster closings
For many homeowners, this approach provides certainty and allows them to move forward without prolonged stress.
Why Addressing Encroachment Early Matters
Delaying action can result in:
- Increased legal risk
- Diminished property value
- Loss of control over resolution options
Whether through correction, agreement, or sale, addressing encroachment early protects your interests and prevents long-term complications.
Conclusion
Property encroachment in California can create uncertainty, delay major decisions, and place homeowners in challenging positions. The most effective approach is to understand the issue early, accurately confirm boundaries, and choose a resolution path that aligns with your financial and personal priorities.
Some encroachments can be resolved through cooperation and documentation. Others are best addressed by selling the property without further involvement. The right decision is the one that provides clarity, protects your future, and allows you to move forward with confidence.
FAQS
How can I confirm if my neighbor is on my property?
A licensed land survey is the only reliable way to confirm property boundaries.
Can I remove a structure that encroaches on my land?
No. Removing structures without a legal process can expose you to liability. Continuously pursue proper legal or negotiated channels.
Will encroachment affect my home’s value?
Yes. Boundary disputes often reduce buyer confidence and limit financing options.
Is selling a home with encroachment a bad decision?
Not necessarily. For some homeowners, selling as-is is the most efficient and least stressful option.
