What Is an Encroachment in New Hampshire Real Estate?

🏡 What Is an Encroachment in New Hampshire Real Estate?

When buying a home or land in Plymouth, Campton, Thornton, Rumney, Wentworth, or anywhere in Central NH, you may hear the term encroachment during the inspection or title process.

Encroachments can cause disputes if not handled properly — here’s what you need to know.

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What Is an Encroachment?

An encroachment happens when a structure or improvement on one property intrudes onto another person’s land.

Examples include:

✔ A fence built over the property line

✔ A shed sitting partly on a neighbor’s land

✔ A driveway extending into the next lot

✔ Trees or retaining walls crossing boundaries

✔ Decks or additions that extend past setback lines

Encroachments are surprisingly common in rural NH where lots are large and property lines are old.

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How Encroachments Are Discovered

Encroachments are usually found during:

✔ A professional survey

✔ A closing/title review

✔ A buyer’s home inspection

✔ Boundary marking

✔ A neighbor complaint

A survey is the most accurate way to identify true property lines.

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Are Encroachments Serious?

They can be, depending on the situation.

Minor encroachments (like a few inches of fence overlap) are often solved easily.

Major encroachments (like part of a garage or addition) can impact:

✔ Future resale

✔ Insurance

✔ Permits

✔ Financing

✔ Property use

✔ Legal liability

This is why NH buyers should pay attention when one is discovered.

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Ways to Resolve Encroachments in NH

Here are the most common solutions:

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1. Boundary Line Agreement

Both owners sign a legal document acknowledging the real boundary and granting permission.

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2. Easement Agreement

The neighbor is allowed to use part of the land legally.

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3. Structure Removal or Adjustment

Required when the encroachment is severe.

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4. Land Swap / Lot Line Adjustment

A small piece of land is officially transferred.

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5. Do Nothing (If Minor)

As long as both parties agree and document it.

Your title company or attorney will advise based on severity.

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Can Encroachments Delay Closing?

Yes — especially if:

✔ The lender requests a clear boundary

✔ A survey reveals a major issue

✔ The parties need legal agreements drafted

However, minor issues can often be resolved quickly with proper documentation.

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Q&A

Q: Should I still buy a property with an encroachment?

A: Often yes, as long as the issue is documented and resolved. Your agent and title company will help ensure you’re protected.

Keywords

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Contact Information / NAP

Jim Johnson — Real Estate Agent

58 NH Route 25A

Wentworth, NH 03282

P: (857) 249-7392

W: www.JimJohnsonRealEstateAgent.com

Licensed New Hampshire REALTOR® with Three Hills Real Estate Services

Broker Email: info@ThreeHillsRES.com

Broker Website: www.ThreeHillsRES.com