What Is a Property Boundary Encroachment in New Hampshire Real Estate?
- Jim Johnson
- 3 days ago
- 2 min read
🏡 What Is a Property Boundary Encroachment in New Hampshire Real Estate?
Property boundaries are extremely important in New Hampshire, especially in rural areas where lines aren’t always marked clearly. A boundary encroachment happens when a structure—such as a shed, fence, garage, driveway, or even landscaping—extends over the property line onto a neighbor’s land.
Here’s what NH buyers and sellers need to know.
⭐ What Is a Property Encroachment?
Encroachment occurs when one property owner builds or places something that physically crosses into someone else’s land.
Common examples in NH include:
✔ A neighbor’s fence built over the line
✔ A shed or garage sitting partially on your land
✔ A driveway that crosses the boundary
✔ Tree limbs or roots causing damage on another property
✔ Stone walls mistakenly placed on the wrong parcel
Encroachments can affect value, resellability, and the ability to make improvements.
⭐ Why Encroachments Matter in NH Real Estate
Encroachments can impact:
✔ Title insurance coverage
✔ Appraisals
✔ Lender approval
✔ Resale value
✔ Boundary rights
✔ Relations with neighbors
If an encroachment is discovered during a survey, the issue must be addressed before closing.
⭐ How Encroachments Are Resolved
NH homeowners typically resolve encroachments through one of the following:
Boundary Line Agreement
Both owners sign a recorded document establishing a revised or official boundary.
Encroachment Removal
The structure is moved or dismantled.
Easement or Permission Agreement
One owner allows the structure to remain legally.
Land Swap or Sale
A small portion of land is purchased to fix the boundary.
The goal is to prevent legal disputes down the road.
⭐ Do NH Buyers Need a Survey?
While surveys aren’t required in New Hampshire, they are strongly recommended—especially in older towns or rural areas where:
✔ property lines are unclear
✔ fences are old
✔ outbuildings are close to boundaries
✔ shared driveways exist
A survey can reveal issues that aren’t visible to the eye.
⭐ Bottom Line
Encroachments are common in New Hampshire, but they must be handled properly to avoid title issues, disputes, and financing delays. Buyers should review surveys, title documents, and recorded agreements to fully understand boundary rights before closing.
Jim Johnson — Real Estate Agent
58 NH Route 25A
Wentworth, NH 03282
P: (857) 249-7392
Licensed New Hampshire REALTOR® with Three Hills Real Estate Services
Broker Email: info@ThreeHillsRES.com
Broker Website: www.ThreeHillsRES.com
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