What encroachment means in Kansas real property and why it matters for title insurance.

Here’s the thing about encroachments: they’re the kind of hitch in a real estate deal that can feel tiny at first but grow into a real headache if you don’t spot them early. In Kansas—and in many other places—encroachments are more common than you might think. They happen when a building, fence, driveway, or other structure crosses over the boundary line onto a neighbor’s land. You might wake up one morning and notice a corner of a shed peeking onto your yard, or you could learn that a neighbor’s porch slightly overhangs your property. It’s not just a nuisance; it can affect ownership rights, future use, and, yes, the final title you receive.

What actually is an encroachment?

Let me explain with a straightforward definition. An encroachment is a physical intrusion by a structure or improvement from one property onto another property. It’s not the same as an easement, which is a legal permission to cross or use someone else’s land. It’s not a boundary dispute by itself either, though encroachments often trigger boundary questions. Think of a fence that leans a few inches over the line, a driveway that crosses the surveyed edge, or a deck that sticks into a neighbor’s space. If a building or structure sits where it doesn’t legally belong, that’s encroachment in real property terms.

In Kansas, as in many states, a lot hinges on who owns what and where the line sits. A boundary line is supposed to be clear, but the real world isn’t a clean map. Old fences, imperfect surveys, or shifting lines from past surveys can produce encroachments that both neighbors would rather not deal with. The key is recognizing that encroachment isn’t just a cosmetic issue—it can change who has the right to use a portion of land, and it can complicate insurance, financing, or transfer of title.

Why encroachments matter for title and ownership

Here’s the connection to title insurance and property ownership: encroachments can create gaps or questions in the chain of title. If a buyer ends up with a policy that excludes encroachments, or if a survey reveals an encroachment, the title insurer may require a remedy before the policy will insure against that issue. In practice, that often means negotiating a solution or obtaining an endorsement that addresses the encroachment. Without that, a new owner might discover that a portion of the land they thought belonged to them isn’t quite theirs, or that another party has a legal right you didn’t expect.

From a buyer’s perspective, discovering an encroachment after closing can be stressful. You’ve got your mortgage, your plans for renovations, maybe a garden you were excited to plant. An encroachment could force you to rethink how you use the space, or to invest in a boundary adjustment, a removal or relocation of a structure, or a formal easement that clarifies usage. For a seller, the issue can slow down or complicate the transfer, or require concessions to reach a clean title. And for a title professional, encroachments are a test of whether the land description and the physical site line up, which is essential to a clear, marketable title.

Let’s connect this to real-life Kansas scenarios

Encroachments appear in a variety of everyday situations. A fence that runs a few inches over the boundary is common because fences are built quickly and often without a fresh survey. A driveway might be placed to the edge of a property line to save space, only to find that it strays onto a neighbor’s land. A deck or an overhanging roof could infringe on the airspace or the footprint of the neighbor’s property. Even something seemingly small—a utility line, a planter bed, or a garden shed—can become an encroachment if it crosses the line or reduces the neighbor’s use and enjoyment of their land.

The key is to treat encroachments as a sign that the land description and the physical world aren’t perfectly aligned. That misalignment can show up during a title search or a closing inspection, and that’s exactly where a sharp title professional shines. In Kansas, as elsewhere, resolving encroachments typically involves clarifying boundaries, adjusting plans, and sometimes formal legal actions. The process is practical and solvable when both parties approach it with clear communication and a willingness to find a fair remedy.

What to do if you find an encroachment

If you’re involved in a real estate transaction or property management in Kansas and you suspect an encroachment, here are practical steps to take:

• Confirm with a professional survey. A licensed surveyor can re-establish the property line and quantify the encroachment. It’s the most reliable way to understand what sits where and who owns what.

• Check the deed and any recorded easements. Sometimes what looks like an encroachment is actually a recorded access right or an older, valid boundary description that needs updating.

• Talk to the neighbor. If possible, open a constructive dialogue about the issue. Many encroachments are resolved by mutual agreement—perhaps through a boundary adjustment, shared maintenance, or a formal easement.

• Consider solutions: removal or relocation of the encroaching element, boundary line adjustments, or granting a formal easement to recognize ongoing use. Each option has financial and legal implications.

• Work with a title professional. The right title expert can explain how encroachments affect the title policy, what endorsements are available, and how to document a clear path to resolution.

• Plan for resolution in writing. A written agreement or settlement can prevent future disputes and make the transfer smoother.

A quick note on title insurance and endorsements

Encroachments don’t automatically kill a title. They often come up during the underwriting process, and the way they’re handled varies by policy and by case. A standard owner’s or lender’s title policy might include exceptions for encroachments or boundary issues unless they’re addressed through an endorsement or a boundary agreement. In practice, that means you might need:

• A boundary line agreement recorded with the county.

• An encroachment endorsement added to the title policy.

• A survey update and a revised plat or legal description.

• An agreement to relocate a structure, add a setback, or adjust the plan to ensure, on paper and on the ground, the land is correctly described.

All of this strengthens confidence that the final deed truly reflects what you’re buying and what you’ll own going forward.

A few practical tips for Kansas buyers and sellers

• Start with a fresh survey when you’re serious about a transaction. Old surveys aren’t always reliable, and property lines can shift with time or with previous measurement methods.

• Don’t skip the title search. A thorough title search can reveal recorded encroachments or easements that may not be visible on the ground.

• Ask questions about any known encroachments. If there’s already a neighbor dispute, request details about resolutions or ongoing negotiations.

• Consider a title insurance endorsement. If there’s a known encroachment, an endorsement can help insure against loss due to the encroachment or provide a pathway to remedy.

• Bring in professional guidance early. Real estate attorneys, surveyors, and title professionals work together to prevent small issues from becoming big headaches.

A few memorable reminders

Encroachments are not inherently catastrophic; they’re indicators of boundary realities that need attention. They’re a call to verify what’s truly yours and what isn’t, and to align the paper trail with the actual footprint on the ground. Sometimes a simple correction—like a boundary adjustment or a revised survey—can restore peace of mind and keep your closing on track.

To wrap it up: what this means in practice

An encroachment is essentially a structure that intrudes onto neighboring land. It’s one of those real-world details that reminds you how land ownership is a careful blend of documents and dirt. By recognizing encroachments early, you protect the value and use of the property and keep the title clean for the next owner. In Kansas, as in any property market, the win isn’t just about the structure you see; it’s about the clarity of the lines that define what’s yours.

If you’re involved in real estate in Kansas—as a buyer, seller, investor, or professional—the practical takeaway is simple: treat encroachments as a boundary issue with real financial and legal consequences. Get a fresh survey, review the deed and any easements, and partner with a trusted title professional to map out the best path forward. With the right steps, an encroachment can become a solvable chapter rather than a roadblock.

A final thought for the curious minds out there: land is more than soil and street numbers. It’s history, permissions, and the quiet agreement that we all respect the lines. Encroachments test that respect, but they don’t have to define your transaction. When you approach them with clear information and practical solutions, you keep the deal—and the dream—moving forward.

If you’d like, I can tailor this further with Kansas-specific statutes or real-world examples from recent local cases, so you have concrete context to pair with your understanding of encroachments.