Few things get property owners worked up faster than discovering a fence, retaining wall, or driveway sitting on the wrong side of the property line. I’ve seen it firsthand. Someone gets a survey, realizes a neighbor crossed the boundary, and their first instinct is often: How do I get this off my property? And immediately?
That reaction is understandable. Property rights are personal. But what many owners don’t realize is encroachment disputes don’t always have to end in court. In fact, the most effective—and least expensive—resolutions usually happen long before a lawsuit is filed. And that’s important, because once lawyers and lawsuits enter the picture, you’re no longer only dealing with a property issue. You’re dealing with a dispute between neighbors that can permanently change the relationship.
Here are a few practical steps I recommend to clients when they discover an encroachment:
Step 1: Confirm the encroachment with a survey
Before doing anything else, make sure you actually have an encroachment.
It sounds obvious, but assumptions can be costly. Property lines aren’t always where people think they are and online maps are not reliable legal tools. A certified survey gives you a clear, defensible picture of where the boundaries sit.
Surveys commonly reveal issues with fences, retaining walls, driveways, and drainage features. Sometimes the encroachment is minor. Other times, it’s substantial.
Either way, the survey is your foundation. Without it, you’re negotiating from guesswork.
Step 2: Start the conversation carefully—tone matters more than you think
This is where many disputes either resolve quickly or escalate unnecessarily.
At the end of the day, this is still your neighbor. You may live next to them for years and that matters more than people initially realize. I often remind clients this is someone they may rely on in unexpected ways down the road, whether it’s watching their property while they’re away or simply maintaining a peaceful living environment. Preserving that goodwill, when possible, is worth serious consideration.
I always encourage property owners to approach the conversation with the goal of resolving the issue, not winning a confrontation. That means:
1. Lead with facts, not accusations.
Share the survey and explain what it shows. Keep the discussion grounded in objective information.
2. Be realistic about timelines.
Removing or relocating structures takes time. A fence might take 30–45 days. A retaining wall or driveway could take several months. Giving reasonable timeframes makes resolution more likely.
3. Listen to their perspective.
Sometimes neighbors didn’t even realize the encroachment existed. Other times, they may be willing to fix it, but need time to coordinate contractors or costs.
4. Follow up in writing.
After your conversation, send a short email or letter summarizing what you discussed. This helps avoid misunderstandings later and creates a record of good-faith efforts to resolve the issue.
The goal here isn’t to threaten litigation. It’s to create a clear, documented path toward a solution.
Step 3: Consider whether removal or a formal agreement makes more sense
Not every encroachment needs to be removed. Sometimes removal is the right solution. Other times, both parties may prefer to allow the structure to remain under agreed terms. This is where a formal written agreement becomes essential.
There are typically two types of agreements:
Settlement agreements (removal):
These establish a timeline and conditions for removing the encroachment.
Encroachment or easement agreements (allowing it to remain):
These permit the encroachment under defined terms and protect both parties moving forward.
In either case, a properly drafted agreement vetted by legal counsel is critical.
Step 4: Make sure the agreement includes the right protections
Encroachment agreements aren’t just handshake deals. They are legal documents that can affect property rights for decades, long after one or both neighbors have moved away.
A strong agreement should address several key issues:
Responsibility and cost:
The encroaching party should be responsible for removal, repairs, and any associated costs.
Liability and indemnification:
If something goes wrong, such as damage during removal, the responsible party should bear the risk.
Maintenance obligations:
If the encroachment stays, the agreement should clearly define who maintains it.
Limited use and defined scope:
If a fence is allowed, it should remain a fence. Language should be clear so it doesn’t evolve into a patio, structure, or expanded use down the road.
Recording the agreement:
Recording the agreement in county records ensures future buyers are aware of the arrangement, protecting both parties.
These details matter more than most people realize. Without clear terms, small encroachments can turn into larger disputes later.
When legal action becomes necessary
Most encroachment disputes can be resolved through communication and agreement. But not all.
If a neighbor refuses to cooperate, denies the encroachment, or ignores reasonable requests, legal action may become necessary. At that point, demand letters and court proceedings can provide a path to enforce your rights. But litigation should usually be the last resort, not the first step.Are you dealing with an encroachment issue or property line dispute? Our team at Williams Teusink regularly helps property owners navigate these situations and protect their rights. To learn more about how we can help, click here.
