Encroachment: Definition And What It Means In Real Estate

Dusty Rhodes • February 27, 2023

Many people don’t realize that coming up with a down payment and closing on your house is only the beginning of homeownership. Once you move in and begin making the property your own, many other challenges can arise.


For instance, many homeowners are surprised to find that relationships with neighbors can be a source of stress and frustration. And one of the biggest problem areas is often encroachment.


Encroachment means one of your neighbors seems to not notice – or not care – that their tree, garden or shed – to name a few examples – is encroaching on your land. If left unresolved, encroachment can lead to a host of issues, so it’s better to address it sooner rather than later.


What Is Encroachment By Definition?


Encroachment in real estate is defined as one property owner violating their neighbor’s rights by building or extending some feature and crossing onto their neighbor’s property lines.


Sometimes the encroachment is intentional. Structural encroachment, for instance, occurs when a neighbor deliberately builds property on land they don’t own. However, this isn’t often the case, especially when there’s some ambiguity about the exact location of the property lines.


While encroachment may seem harmless, it can lead to liability issues, damage to your property, and problems at the time of sale.


But how do you know if your neighbor is encroaching on your property? Here are some encroachment examples to watch out for:

  • Your neighbor builds a fence, and it extends onto your land
  • A structural addition to your neighbor’s home extends beyond the legal property boundaries
  • An overgrown garden or hedge crosses onto your land


Encroachment Real Estate Problems


When encroachment is only causing a minor issue, you might overlook it since it’s not having a major impact. But even if you aren’t facing encroachment issues in your day-to-day life, they can be problematic when you decide to sell your home.


Because encroachment can make it hard to establish property lines, it can create title concerns when you’re trying to sell your home. Many states require property surveys before you can sell your home, and any encroachment will be noted.


While the overgrown hedge or tree overhanging your yard may not bother you, it may bother the person who’s interested in buying your home. Along with complicating your ability to sell your home, encroachment could lower the amount you end up receiving once the home is sold.


What Are Encroachments Vs. Easements?


It’s easy to confuse a real estate encroachment with an easement. Both involve a homeowner making an extension onto their neighbor’s land, but an easement is agreed upon by both parties.


Easements often occur because your neighbor needs to access some part of your property for practical reasons. For instance, they may need to cross your backyard to get to a nearby beach, and you grant them permission to do so.

One of the problems with unaddressed encroachments is that they can become prescriptive easements. A prescriptive easement is created when the encroacher – perhaps a neighbor or trespasser – openly uses a portion of your property without your knowledge or consent, and it grants them a legal right to use your land if their encroachment is unreported over a period of time. The time frame and specific requirements to turn an encroachment into an easement depend on the laws in your state.


If an encroachment goes unaddressed for long enough, it can also create an unrecorded encumbrance on your land. This means that your neighbor now holds a right to some aspect of your property.


Options When Dealing With Property Encroachments


If you believe one of your neighbors is infringing on your land, it’s best to politely handle the situation before letting too much time pass. Most encroachments can be resolved amicably and in a way that’s satisfactory for both parties.


Below are three steps you can pursue when dealing with an encroachment issue.


Talk With Your Neighbor

It’s wise to start by talking with your neighbor and explaining your concerns. This is always ideal, especially if the encroachment is minor and can be easily addressed, like in the instance of an overhanging tree branch.


Try to go into the conversation with the assumption that the encroachment is unintentional. This approach will likely help you come across friendlier when confronting your neighbor.


Sell Your Land, Or An Easement On Your Land, To Your Neighbor

Another option for homeowners is to sell an easement, or the affected portion of the land, directly to their neighbor. This way, once the property clerk records the transaction, all uncertainty disappears and any future problems are averted.


Take Your Neighbor To Court

If the previous two options don’t work and your neighbor isn’t willing to resolve the issue, you can take them to court. This approach is always the least desirable path because it’s slow, expensive and may create lingering tension between you and your neighbor.


And unfortunately, taking your neighbor to court won’t necessarily resolve the issue in a favorable way since the court could determine that your neighbor’s trespass on your land is legitimate.


The court could decide that it constitutes a prescriptive easement, which then needs to be recorded. If the court rules that your neighbor is unlawfully trespassing on your land, the court will order your neighbor to remove the offending feature.


The Bottom Line: Encroachment Is A Problem To Be Resolved, Not Ignored


Nobody likes conflict with their neighbors, but it’s always a possibility. Intentional and unintentional encroachments happen, and it’s important to deal with the issue as soon as you notice it.


Avoiding the issue could cause the encroachment to turn into a prescriptive easement, and there’s not much you can do at that point.

Source: Rocket Mortgage


Dusty Rhodes Properties is the Best Realtor in Myrtle Beach! We do everything in our power to help you find the home of your dreams. With experience, expertise, and passion, we are the perfect partner for you in Myrtle Beach, South Carolina. We love what we do and it shows. With more than 22 years of experience in the field, we know our industry like the back of our hands. There’s no challenge too big or too small, and we dedicate our utmost energy to every project we take on. We search thousands of the active and new listings from Aynor, Carolina Forest, Conway, Garden City Beach, Longs, Loris, Murrells Inlet, Myrtle Beach, North Myrtle Beach, Pawleys Island, and Surfside Beach real estate listings to find the hottest deals just for you!

Share

Here’s Where To Start if You’re Selling and Buying at the Same Time

By Dusty Rhodes • August 3, 2026
If you’re a homeowner getting ready to move , one question usually comes first: should you buy your next home before you sell, or sell your current house before you start looking? There’s no single right answer. The best call depends on your finances, your local market, and your timeline. And a trusted agent can help you weigh all of it. But in a lot of cases these days, selling first puts you in the stronger spot. The Advantages of Selling First Selling is usually the trickier half of a move today, so getting it done first clears your biggest hurdle. And that’s especially true right now , because there are more homes for sale than there are buyers, which means houses are taking longer to sell than they did a year or two ago. So how does leading with your sale pay off? Let’s start with the money. 1. You Won’t Get Stuck Paying Two Mortgages Buy before you sell, and you could end up carrying two mortgages at once. And especially since houses are staying on the market longer these days, that overlap may drag on for more time than you’d planned. And if unexpected repairs come up, it could get even more expensive. Selling first takes that risk off the table, so you’re not multitasking homeownership. As Ramsey Solutions puts it: “It’s best to sell your old home before buying a new one to avoid unnecessary risks and possible headaches.“ 2. You Can Use Your Equity To Fuel Your Move This is always true, but one of the biggest perks of selling first is that you’ll know exactly how much money you’re walking away with. And one of the big figures that matters in that conversation is how much equity you have in your current place. Equity is basically your house’s value minus what you still owe on your mortgage. And it adds up fast. According to Realtor.com , homeowners who’ve been in their home for 5 years have about $180,000 in equity on average. And those who’ve had their home for 6-10 years? They have over $340,000. After you sell, you can use that money to cover your down payment or even buy your next home in cash. And knowing that profit up front helps you plan your next move. 3. Your Offer Will Be Hard To Pass Up When your house is already sold, you don’t have to make your offer contingent on that sale. In a market where buyers are taking their time, that’s exactly what a seller wants to see. Picture it from the seller’s side. If their house has been sitting for a while, they’ll gravitate toward the offer most likely to close without a snag. That can also give you room to ask for a little more, like repairs, since a motivated seller would rather keep things moving than lose you and wait for another offer to come in. Your agent can help you make the most of your upper hand in that scenario. Is There a Catch? Selling first has its tradeoffs too, and it helps to see the pros and cons side by side before you decide. Here’s a quick breakdown based on information from Zillow (see visual below) : 

7 Reasons to Use Real Estate Drone Photography for Your Listing

By Dusty Rhodes • July 26, 2026
Online listing photos often shape a buyer’s first impression of a home. They want to understand the home’s setting, the size of the lot, and what makes the property unique before deciding whether it’s worth a visit. That’s one reason real estate drone photography has become a popular addition to many listings. That said, aerial photography isn’t a must-have for every home. Whether you’re selling a home in Houston, TX or listing a rental in Asheville, NC , knowing when to use this style of professional photography can help highlight the features that matter most to buyers. Here are seven situations where real estate drone photography can make a listing more compelling. Key takeaways: Best for homes where the setting is part of the selling point. Shows lot size, layout, and nearby amenities at a glance. Helps buyers visualize features that aren’t visible from the ground. Less valuable for standard homes on small lots. Should be performed by a licensed drone operator following local regulations. 1. The property sits on a large lot or acreage Large properties are difficult to capture from the ground. Aerial photos show the property’s full footprint and help buyers appreciate how much land they’re getting. Bradley Harkey, owner at LuxRE Photos , says drone photography is especially valuable for homes with room to grow. “Drone photography can really be essential when you are selling a home with a lot of land. A view from above can showcase the potential even when it’s not exactly obvious from the ground.” He says buyers often struggle to picture what an undeveloped yard could become. “Oftentimes an unprepped backyard can just look like a bunch of weeds to a potential buyer, but when seen from above, you can visualize where that pool can go, or that basketball hoop, or that go-kart track you always wanted as a kid. Some homes have so much potential, but it’s hard to see between the weeds.” Whether it’s acreage, an equestrian property , or simply a spacious backyard, aerial images help buyers see the property’s potential. 2. The home has waterfront views or scenic surroundings Some of a home’s best features aren’t visible from the front yard. Waterfront access, mountain views, wooded privacy, and distinctive architecture all benefit from an elevated perspective. Doug Smith, principal and founder of Houzpics LLC , explains, “Aerial photography is especially valuable for waterfront or estates with large, feature-rich lots, multi-story architecture, and homes with scenic surroundings. Aerial images help buyers understand the property’s layout and highlight features that traditional ground-level photos may not fully capture.” Rather than focusing only on the home, aerial photography showcases the entire setting.

Psychology says people who keep going back to the beach aren’t just relaxing, they may be restoring something deeper

By Dusty Rhodes • July 21, 2026
Some people enjoy the beach. Others seem drawn to it. They choose beach vacations over city breaks. They find excuses to visit the coast whenever they can. They feel calmer the moment they hear waves crashing or catch sight of the ocean on the horizon. Friends and family may joke that they're "obsessed" with the beach, but psychology suggests there may be more happening beneath the surface. For many people, a love of the beach is not simply about sunshine, swimming, or beautiful views. Research suggests that coastal environments may provide something the modern brain desperately needs: a chance to recover from constant mental demands. Attention Restoration Theory may explain the attraction to the beach One of the most influential explanations comes from Attention Restoration Theory, developed by environmental psychologists Rachel Kaplan and Stephen Kaplan. The theory suggests that everyday life requires large amounts of what researchers call directed attention. This is the mental effort people use to focus during meetings, answer emails, ignore distractions, make decisions, navigate traffic, and manage responsibilities. Over time, directed attention becomes fatigued. Natural environments appear to affect the brain differently. The Kaplans proposed that nature creates a state known as soft fascination. Instead of demanding concentration, environments such as beaches gently hold attention without effort. As a result, the brain gets an opportunity to recover from mental fatigue . For frequent beachgoers, this may help explain why a few hours by the ocean often feels more restorative than an entire day spent indoors. Research on blue spaces supports the idea Psychologists and public health researchers often use the term blue spaces to describe environments that contain visible water, including oceans, lakes, rivers, and coastlines. Over the past decade, a growing body of research has linked blue-space exposure to improved psychological well-being . A 2020 research, Blue space, health and well-being: A narrative overview and synthesis of potential benefits, led by environmental psychologist Mathew White has found that people who spend more time near coastal environments often report better mental health and higher life satisfaction. The authors propose that water environments may improve mental health through several connected pathways: Increased physical activity (people walk, swim, or move more near water) Psychological restoration (reduced mental fatigue and stress) Social interaction (waterfronts often encourage gathering and recreation) Environmental effects such as improved air quality and aesthetic satisfaction Importantly, the review also highlights that blue spaces share similarities with green spaces (like parks and forests), but water environments may have unique psychological effects due to their sensory characteristics and emotional associations. Why the ocean feels different from other environments Many people report feeling calmer almost immediately when they arrive at the beach. Psychologists believe part of the reason may be the unique combination of sensory experiences. The sound of waves is rhythmic and predictable. The horizon creates a sense of openness. The movement of water captures attention without overwhelming it. Unlike social media feeds, traffic, news alerts, and crowded urban environments, the beach provides relatively low levels of cognitive demand. In simple terms, the ocean gives the brain less work to do. That reduction in mental effort may help explain why people often describe feeling lighter, calmer, or more clear-headed after spending time near the water. Place Attachment Theory says beaches can become part of identity For some people, the connection goes beyond relaxation. Psychologists study a concept known as place attachment, which refers to the emotional bond people develop with specific locations. Certain places become connected to family memories, childhood experiences, important life events, or feelings of belonging. Over time, the beach may become more than a destination. It becomes part of a person's identity. This may explain why some individuals return to the same stretch of coastline year after year, even when countless other travel options are available.