Las Vegas Buyer Due-Diligence Center Property Rights & Boundaries

What Is an Encroachment and Should I Worry Before Buying?

Published 2026-09-13 Last reviewed 2026-09-13 By Lisa C Hamilton, REALTOR®

Quick Answer

An encroachment generally occurs when a structure or improvement crosses or intrudes onto another property or area where it does not belong. A fence, wall, shed, driveway or structure can all be encroachments. Whether one matters depends on how significant it is and how it affects the property.

On This Page

  1. 1 The Classic Problem
  2. 2 Why It Matters
  3. 3 What Should Buyers Do?

The Classic Problem

Example

Seller says: "The fence has been there forever."

That does not necessarily answer: Is the fence actually on the boundary?

How long something has existed is not the same as where it legally sits.

Why It Matters

Boundary issues can affect use, future construction, neighbor relationships, and title or legal questions.

What looks like a small fence issue today can become a large problem when you try to build or sell.

What Should Buyers Do?

Depending on the significance of the issue:

  1. Review title.
  2. Review available maps.
  3. Consider a survey.
  4. Seek appropriate legal guidance.

Lisa should not guess a legal boundary by looking at a wall.

Boundaries are a professional question for surveyors and, where disputes arise, attorneys.

Important

HELP FIRST: if you suspect an encroachment that matters to your intended use or future plans, raise it early so title, survey and legal professionals can evaluate it before you are committed. Lisa is a REALTOR®, not a surveyor or attorney.

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Lisa C Hamilton, REALTOR® with THE Brokerage, A Real Estate Firm®

Reviewed by

Lisa C Hamilton, REALTOR®, NV License S.168195

Lisa C Hamilton is a Las Vegas Valley REALTOR® affiliated with THE Brokerage, A Real Estate Firm®, helping buyers, sellers, investors, and relocating clients across Clark County and Greater Las Vegas. Lisa is not an attorney, escrow officer, title insurer, notary, CPA, lender, foreclosure consultant, mortgage servicer, tax adviser, bankruptcy professional, or HOA lien authority. She handles market value, listing strategy, sales timeline, seller-net analysis, as-is sale evaluation, buyer negotiation, and transaction coordination. Lenders and servicers control loan documents, assumption approval, release-of-liability, and funding procedures; escrow and title professionals control the settlement accounting, recorded title matters, and insurability; notaries perform notarization only as authorized; and attorneys and legal counsel handle powers of attorney, probate and estate authority, trust authority, entity authority, and any legal conclusions about ownership or title validity.

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Lisa C Hamilton is a Nevada REALTOR®, not an attorney, escrow officer, title insurer, notary, CPA, lender, foreclosure consultant, mortgage servicer, tax adviser, bankruptcy professional, or HOA lien authority. Nothing here is legal, tax, title, or financial advice, and no outcome is guaranteed. Always verify current Nevada law and the specific facts of your situation with a qualified Nevada attorney, title professional, escrow professional, lender, servicer, and tax adviser.