Land records · Parcel maps · October 6, 2026
What Is an Encroachment Agreement Between Neighbors?
What is an encroachment agreement? A written, often recorded agreement letting a fence, driveway, or structure stay over a property line on stated terms.
What is an encroachment agreement? An encroachment agreement is a written contract that allows something that crosses a property line, such as a fence, driveway, shed, eave, or retaining wall, to stay in place under agreed terms. It is usually signed by the owner of the encroaching improvement and the owner of the land it sits on, and it is often recorded so it binds future owners. Rather than moving the line, the agreement acknowledges the encroachment and sets rules for it. This page is general land-records background, not legal advice.
Why use one
| Situation | How an agreement helps |
|---|---|
| Survey finds a fence over the line | Lets the fence stay without disputes |
| Driveway crosses a corner | Allows continued use |
| Sale or refinance flagged by title | Resolves the issue for the lender or buyer |
| Utility or city right-of-way | Municipal encroachment permits for improvements |
Common terms
- Description of the encroachment, often with a survey.
- Permission to keep it, sometimes for a set term.
- No transfer of ownership; the line stays the same.
- No adverse possession or prescriptive claim from the use.
- Maintenance and repair responsibilities.
- Removal if the structure is replaced or destroyed.
- Insurance and indemnity, in some agreements.
- Binding on successors when recorded.
Encroachment agreement vs boundary line agreement
A boundary line agreement changes or confirms where the line is. An encroachment agreement leaves the line in place and just permits the encroachment. See boundary line agreement.
Encroachment agreement vs easement
An easement grants a right to use land, often permanently. An encroachment agreement is narrower and may end when the structure is removed. Without permission, long use could support a prescriptive easement claim. See what is a prescriptive easement.
Recording
Recording the agreement with the county puts future buyers on notice. Title companies may require a recorded agreement before insuring over an encroachment.
Municipal encroachments
Improvements in public rights-of-way, such as walls, irrigation, or signs, may need an encroachment permit or agreement from the city or state. These usually allow removal at the owner’s expense if the right-of-way is needed.
Steps to put one in place
- Get a survey that shows the encroachment and measures how far it crosses the line.
- Talk with the neighbor about whether the improvement can stay and on what terms.
- Draft the agreement, usually through an attorney or title company, describing both parcels and the encroachment.
- Sign and notarize so it can be recorded.
- Record it with the county recorder and keep a copy with your deed.
If a lender is involved on either property, it may need to consent or subordinate. Title companies can advise what language they need to remove an encroachment exception from a policy.
Bottom line
An encroachment agreement lets an improvement stay over a property line on written terms without changing the line. It often addresses maintenance, removal, and adverse possession and is recorded to bind future owners. It differs from boundary line agreements and easements. Find county recorders via the Platbookmapper map.
What is an encroachment agreement FAQ
Does an encroachment agreement change the property line?
No, the line stays the same.
Should an encroachment agreement be recorded?
Usually, so it binds future owners.
Can an encroachment agreement prevent adverse possession?
It typically states the use is permissive, which helps prevent such claims.
Who prepares an encroachment agreement?
Often an attorney or title company.
What happens when the encroaching structure is replaced?
Many agreements require it to be built within the line.