BIC TIP #1269: Crossing a Line? Encroachments Need a Survey

Crossing a line? Here is what you need to know. In this BIC TIP, Stephen Long responds to a week full of calls about encroachments: sellers who think the road is on their property, owners who want to fence off a path, neighbors who want to block access. His answer is the same every time: until you have a survey, you do not know.

Everybody Has an Opinion About the Line

The seller thinks the road is on their land. They want to build a fence in it, or block access, or move a driveway. The neighbor has a different opinion. Everybody is very confident.

Confidence is not evidence. Before anyone builds, blocks, or markets anything based on where they think a boundary sits, someone needs to actually find out.

Mow Lines and GIS Maps Are Clues, Not Answers

What the neighbor thinks, what the mow line looks like, and what the county GIS map shows are all fantastic things to look at. They may even raise red flags worth investigating.

But none of them is a substitute for a survey. GIS maps are helpful tools, not precise boundary determinations, and mow lines simply show where somebody decided to stop the lawnmower. Until a licensed surveyor has done the work, there is no way to know whether a line has been crossed.

Recommend It and Document It

Stephen’s standing advice is to always recommend a survey to buyers and sellers, and to document that you recommended it. A buyer may decline, and that is their choice, but your file should show they made that choice with your recommendation in hand.

For sellers dealing with a suspected encroachment, a survey before listing can clear up the question before it becomes a contract problem. When boundary disputes turn serious, that is a good time to suggest the parties consult a real estate attorney.

The Practical Takeaway

Do not let anyone, including your own client, treat a mow line, a neighbor’s claim, or a map as proof of a boundary. Only a survey can tell you whether there is an encroachment.

Recommend the survey every time, document the recommendation every time, and save yourself from finding out the hard way where the line really is.

This BIC Tip is general real estate education for licensees and consumers, not legal, tax, or financial advice. Rules and forms change, so verify current NCREC rules, MLS rules, and standard forms, and consult a North Carolina attorney or qualified professional about your specific situation. See Disclaimers & Disclosures.