An encroachment in a land survey occurs when a structure or improvement on one property crosses over onto an adjacent property without permission. It could be a fence, a driveway, a shed, or even an overhanging tree limb. For developers, understanding encroachments early can prevent costly delays and legal headaches down the road.
Encroachments are not always obvious. Some sit quietly on a property for decades before a survey brings them to light. Knowing what they are, how they are found, and what to do next is essential before breaking ground or closing a deal.
Not Every Structure Near a Property Line Is an Encroachment
This is one of the most common misconceptions developers run into.
A fence close to a property line is not automatically an encroachment. A retaining wall near the boundary is not either. Before any conclusion is reached, a licensed surveyor must measure the exact relationship between the structure and the legal boundary.
Here is how surveyors approach it:
- They locate the legal boundary using recorded plats, deeds, and physical monuments.
- They measure where the improvement actually sits.
- They compare the two.
Only after that comparison can anyone determine whether an encroachment exists. Proximity alone means nothing without accurate measurements tied to the legal boundary. This is why professional surveys matter so much, especially in established Maryland neighborhoods where fences and additions may have been placed without ever consulting a survey.
How Surveyors Document Potential Encroachments in the Field
When a surveyor walks a property, they are looking for physical evidence that may affect the boundary or the use of the land.
Common items they document include:
- Fences and their exact position relative to the boundary line
- Driveways that may extend onto neighboring parcels
- Retaining walls built along or across property lines
- Sheds and garages placed near or over the boundary
- HVAC units and utility structures close to the line
- Overhanging features such as roof eaves or tree limbs
Surveyors use measurements, corner monuments, and recorded plats to document what they find. They do not make legal determinations. That is the job of an attorney. A surveyor’s role is to gather field evidence and accurately show conditions on a survey plat or report. What the parties do with that information is a separate matter.
This distinction matters. Do not expect a surveyor to tell you whether you have a legal problem. They will show you what exists and where it sits. Legal interpretation comes later.
Why Older Neighborhoods Can Present More Encroachment Questions
Maryland has many established neighborhoods with homes and improvements built decades ago. These areas often come with more encroachment questions than newer developments.
Here is why:
- Fences were installed without surveys. Homeowners guessed where the line was and put the fence there. Sometimes they were right. Often they were not.
- Corner monuments are missing. Over time, iron pins get paved over, dug up, or simply lost. Without monuments, boundary locations become harder to confirm.
- Additions were built without permits or surveys. Garages, porches, and sheds added in the 1970s and 1980s may not have gone through any formal review.
- Plats are outdated. Older recorded plats may not reflect all the improvements currently on the ground.
For developers acquiring property in these areas, a survey is not optional. It is a basic due diligence step. What looks like a clean lot from the street may have three or four boundary issues waiting to surface.
What Happens After a Potential Encroachment Is Found
Finding a potential encroachment is not the end of the process. It is the beginning of a review.
Here are the typical next steps:
- Review the deed. Sometimes an agreement or easement already exists that permits the encroachment. The deed may address it.
- Compare recorded plats. The survey plat from when the neighborhood was developed can clarify what was intended.
- Consult title documents. A title search may reveal recorded agreements between past owners.
- Discuss findings with neighboring property owners. Many encroachments are resolved through direct conversation and a boundary line agreement, not litigation.
- Bring in a real estate attorney. When the deed and plat review does not resolve the question, legal counsel is needed. An attorney can advise on options such as boundary line agreements, adverse possession claims, or quiet title actions.
The surveyor’s job ends at documenting the condition. The attorney takes it from there. Developers should involve both early, not after a deal has already closed.
How Property Owners Can Reduce Future Encroachment Problems
Encroachments are easier to prevent than to fix. Most of them start with a simple decision made without a survey.
Here are practical steps that help:
- Get a survey before installing a fence. This is the most common source of encroachments. A few hundred dollars spent on a survey can prevent a costly dispute years later.
- Survey before building additions, patios, or garages. Building codes require setbacks. Surveys confirm where the line actually is.
- Survey before major landscaping. Retaining walls, large patios, and grading work can affect adjacent parcels.
- Keep your survey records. Store plats and survey reports with your deed and title documents. They are valuable references for future improvements.
- Check for monuments before starting any ground disturbance. Disturbing or removing corner monuments is a serious issue and can create boundary disputes that are difficult to resolve.
For developers specifically, encroachment checks should be part of every pre-acquisition checklist. Finding an issue before closing gives you options. Finding it after gives you a problem.
