What Are My Options if a Neighbor Refuses to Grant an Easement for an Existing Encroachment?
Updated: Sep 21
QUESTION:
I am considering purchasing a home that was built decades ago and may partially encroach onto an adjoining property. The neighboring property owners have owned their property for many years and appear to have known about the encroachment since 1997, but they are unwilling to sign an easement agreement.
Before proceeding with the purchase, what legal options should I consider to address the encroachment? Could the neighboring owners take legal action against me after I purchase the property, and what steps should I take to evaluate or reduce the risk?
ANSWER: A survey-confirmed encroachment is a significant title issue, so I would not close based on an informal understanding or assume the neighbor’s long knowledge prevents a lawsuit. Ask the seller to resolve it before closing through a recorded easement, boundary agreement, conveyance of the affected strip, or other written resolution, and review the survey, title commitment, deeds, permits, and chain of title carefully.
The age of the structure and the neighbor’s knowledge since 1997 may support defenses or potential claims involving adverse possession, boundary by acquiescence, or a prescriptive right, but none is automatic and each has strict factual and statutory requirements.
The neighbor can still bring a claim seeking removal, damages, or other relief, so obtain an owner’s title policy, confirm whether the encroachment is excluded from coverage, and consider making a satisfactory resolution a written condition of closing.
Before proceeding with the purchase, consult a Florida real-estate attorney who handles boundary and encroachment disputes.