What is an encroachment?

An encroachment occurs when a physical structure — such as a fence, driveway, shed, or part of a building — extends beyond a property's boundaries and onto an adjacent owner's land. Encroachments can create legal disputes, complicate title insurance, and affect a property's value. They are typically discovered during a property survey conducted as part of the purchase process.

In the Western Catskills, encroachments are not uncommon given the region's long history of informal land use, older structures, and properties whose boundaries may not have been formally surveyed in many decades. A fence erected by a prior owner in Delaware or Otsego County may have been placed based on assumption rather than accurate survey data. Buyers should always obtain a current survey when purchasing rural property and be prepared to address any encroachments discovered before closing. Resolution can involve a boundary line agreement with the neighbor, removal of the encroaching structure, or, in some cases, an easement formalizing the existing use.