An ALTA survey does its job well when it finds an encroachment, even though the discovery can rattle a deal. An encroachment is any improvement that crosses a boundary or easement where it doesn’t belong. A neighbor’s fence over the line. A building corner hanging into an easement. Pavement spilling onto the next parcel. The survey exists partly to catch these before a buyer or lender gets stuck with them. What happens next follows a fairly predictable path.

Classifying the Feature That Crosses the Reported Line

The first thing the surveyor does is describe exactly what crosses the line and by how much. Not all encroachments are equal. A building projection is a different problem than a fence, and a utility crossing an easement raises different questions than a retaining wall over a boundary.

The surveyor names the feature and measures its reach. A garage overhanging the line by eight inches gets documented as precisely that. Pavement extending three feet onto the neighbor’s parcel gets its own measurement. Signs, walls, utilities and building parts each get identified for what they are and how far they intrude.

That precise classification matters because it shapes everything that follows. The transaction team can’t decide how serious a problem is until they know its type and size, and the survey gives them both.

Measuring the Conflict Without Deciding Ownership Rights

Here’s where surveyors stay carefully in their lane. The survey records where the encroachment sits and how far it extends, but it doesn’t decide who’s legally right. That line between measuring and judging is deliberate and important.

The surveyor maps the apparent conflict. The drawing shows the boundary, shows the improvement crossing it, and gives the dimensions. What the drawing doesn’t do is declare who owns the disputed strip or who has to remove the intruding structure. Those are legal conclusions, and they belong to title professionals and attorneys.

This separation protects the accuracy of the survey. A surveyor who started deciding ownership would be stepping past their role and into legal territory. By sticking to measured facts, the survey gives everyone reliable ground to stand on while the legal questions get sorted out elsewhere.

Comparing the Finding With Recorded Property Rights

Before anyone panics, the finding gets checked against the records. Sometimes what looks like an encroachment turns out to be authorized. An easement, an agreement or a recorded exception might give the improvement every right to be where it is.

The review pulls together the relevant documents. Recorded easements might explain a utility line crossing the parcel. A boundary agreement between former owners might permit a wall that appears to cross the line. Leases, exceptions and adjoining documents all get examined for anything that addresses the observed condition.

That comparison often changes the picture. An encroachment backed by a recorded agreement is a documented arrangement, not a surprise conflict. Finding that paperwork can turn an alarming survey note into a routine one, which is exactly why the check happens before the deal reacts.

Sending the Discovery Through the Transaction Team

An encroachment touches several people, so word travels through the whole transaction team. The buyer, seller, lender, title insurer, brokers and attorneys each have a reason to weigh in, and each looks at the finding from a different angle.

The buyer wants to know if the problem affects their plans. The lender and title insurer weigh how it affects the collateral and the coverage. The seller may need to address it to keep the deal alive. Attorneys evaluate the legal exposure. Everyone reviews the same survey finding before deciding whether the deal proceeds as written.

That shared review is the point of documenting the encroachment clearly. A well-mapped conflict lets each party assess their own risk from the same set of facts, which keeps the conversation grounded instead of speculative.

Resolving the Condition Before Closing or Development

Most encroachments get resolved, and there’s a menu of ways to do it. The right choice depends on the size of the problem, the parties involved, and what everyone can live with. Some fixes are physical, some are legal, and some are financial.

The options range widely. Removing or relocating the offending improvement solves it directly. A boundary agreement or a newly created easement can legalize a condition that’s staying put. A title endorsement can insure over the issue. Sometimes a redesign avoids the conflict, and sometimes the parties simply negotiate acceptance and move on.

Whatever path the parties choose, resolving the encroachment before closing or development keeps it from becoming a bigger problem later. A conflict left unaddressed tends to resurface at the worst possible time, so handling it while the deal is still open serves everyone.

Frequently Asked Questions

Does every mapped encroachment prevent a commercial real estate closing?

No. Many encroachments are minor and get resolved without stopping the deal. A small overhang or a fence slightly over the line often gets handled through a title endorsement, a boundary agreement, or negotiated acceptance. Whether an encroachment blocks a closing depends on its size, its effect on the property, and what the parties decide.

Can an ALTA survey determine who is legally responsible for removing it?

No. The survey shows where the encroachment sits and how far it extends, but assigning legal responsibility falls to attorneys and title professionals. Determining who must remove an intruding structure involves reviewing ownership, agreements and property law, which goes beyond what a survey measures. The survey provides the facts those decisions rest on.

What happens when the conflicting improvement existed for many years?

Long-standing encroachments can raise additional legal questions, since extended use of another’s land sometimes creates rights over time. The survey documents how long the condition appears to have existed based on physical evidence, but the legal weight of that history is a matter for an attorney. Age alone doesn’t settle the issue.