What Is An Encroachment and What Happens When You Buy A Home That Encroaches on City Property?

Encroachments occur when one party builds upon another parties land. With many homes that have fallen into foreclosures, many of these encroachments are being called out by cities. The cities are seeking to have the encroachments corrected by asking the owners to remove anything that is built upon city property. This could include backyards, patios, pools, spas, tennis courts, etc. Lately, I have seen all of these home improvements that have come under fire. In some cases, the cities have offered homeowners easements for a set time period such as a 15 year easement. Such easements generally state that the homeowners may keep the encroachments in use for 15 years and that once such period has expired, the homeowners must remove any and all encroachments.

When purchasing a home, it is important to obtain all disclosures regarding the home, including title reports, hazards reports and special addendums.