Real Talk with Stephanie | OCTOBER 2026
Can a Property Line Encroachment Affect the Sale of Your Home?
Yes. A property line encroachment can create complications when selling a home, including requests for repairs or credits, price renegotiations, title concerns, closing delays, and potential legal disputes.
Many homeowners in Syracuse, Camillus, Baldwinsville, Liverpool, and throughout Onondaga County have maintained the same yard for decades without ever questioning where their property lines actually fall.
But what happens when a survey reveals that the fence, shed, landscaping, or portion of the lawn you've been enjoying is actually on your neighbor's property?
The consequences can be expensive.
🎥 Watch: Real Talk with Stephanie Scriven — That Extra Yard Might Not Be Yours
What Is a Property Line Encroachment?
A property line encroachment occurs when a structure, improvement, or use extends beyond the legal boundary of one property onto another.
Common examples include:
A fence installed beyond the property line
Landscaping or gardens extending into a neighbor's yard
A shed or outbuilding partially on another property
A driveway extending over a boundary
A retaining wall crossing a property line
A backyard that appears larger than the legally owned parcel
Not every encroachment creates the same legal problem. The type, location, history, and extent of the encroachment all matter.
What Happens If You Advertise More Acreage Than You Actually Own?
Imagine listing your home with a beautiful, oversized backyard. The listing advertises a certain amount of acreage, and buyers make an offer based partly on that information.
Then a survey reveals that the actual parcel is smaller than represented.
The buyer may ask for a price reduction, request a closing credit, or reconsider the purchase.
Whether the buyer can terminate the contract or pursue other remedies depends on the contract, the representations made, and the circumstances.
The financial impact can be especially significant when the extra land was one of the property's main selling features.
The important lesson: Verify your acreage rather than relying solely on the appearance of your yard or an old listing.
Can You Be Required to Move a Fence Before Selling?
Potentially, yes.
If a fence crosses onto neighboring property, resolving the issue may involve:
Moving the fence to the correct boundary
Negotiating an agreement with the neighboring owner
Addressing title or survey concerns
Negotiating responsibility for corrective work with the buyer
Obtaining legal assistance if the boundary is disputed
A fence that was recently installed can be especially frustrating because relocating it may mean paying for some of the same work twice.
A buyer's request to move the fence does not automatically create a legal obligation, but an unresolved encroachment can affect whether the transaction moves forward.
Does Mowing Your Neighbor's Property for Years Make It Yours?
Generally, no. Simply mowing and maintaining a neighboring strip of land does not transfer ownership in New York.
New York's adverse possession laws are more complicated than the common belief that using land for a certain number of years automatically makes it yours.
Under New York Real Property Actions and Proceedings Law §543, lawn mowing and similar maintenance across a boundary are deemed permissive rather than adverse. The statute also addresses certain minor, nonstructural encroachments.
Older claims and unusual circumstances can involve different legal considerations, so a property attorney should evaluate any actual ownership dispute.
Can a Property Line Issue Delay Closing?
Absolutely.
An unresolved boundary problem may lead to additional survey work, negotiations between attorneys, title insurance questions, or discussions with the neighboring property owner.
In some transactions, a written agreement or other negotiated solution may resolve the problem. In others, the physical improvement must be moved or the parties may be unable to reach an agreement.
How Can Sellers Avoid Property Line Surprises?
Before listing your Central New York home:
Review your deed and any existing boundary survey.
Verify the acreage used in marketing materials.
Don't assume an existing fence marks the legal boundary.
Disclose known boundary disputes and encroachments as required.
Consider obtaining an updated survey when boundaries are uncertain.
Consult a real estate attorney about any existing disagreement with a neighbor.
A little preparation before listing can prevent a much bigger problem during the transaction.
Frequently Asked Questions
Can I sell my house if my fence is on my neighbor's property?
Possibly. A sale may still proceed if the parties and relevant title professionals can agree on an acceptable resolution. Some encroachments require corrective work before closing.
Can a buyer request a credit for incorrect acreage?
Yes. A buyer can request a credit or price adjustment, but the seller is not automatically required to agree. Contract terms and the facts determine the parties' rights.
Does a property tax map prove where my property line is?
No. Tax maps are useful references but are not substitutes for a professional boundary survey.
Who pays to move a fence that crosses the property line?
Responsibility depends on the legal circumstances and any agreements involved. Sellers and buyers may negotiate how the issue will be resolved before closing.
Should I get a survey before selling my house in Syracuse, NY?
Not every sale requires a new survey. However, a survey can be particularly valuable when acreage is uncertain, improvements are close to a boundary, or there is a known dispute.
Can a neighbor claim part of my yard through adverse possession?
In limited circumstances, adverse possession claims are possible. However, simply mowing, landscaping, or maintaining an area generally does not establish ownership under current New York law.
Selling Your Home in Syracuse or Central New York?
When preparing a home for sale, sellers naturally focus on pricing, presentation, and marketing.
But verifying what you're actually selling is just as important.
At Home With Us Realty Group, I help homeowners identify potential issues before they become expensive surprises at the closing table.
Whether you're selling in Camillus, Syracuse, Baldwinsville, Liverpool, Westvale, or elsewhere in Onondaga County, thoughtful preparation can make a meaningful difference.
About Stephanie Scriven
Stephanie Scriven is a NYS Licensed Real Estate Broker and Broker/Owner of Home With Us Realty Group, serving buyers and sellers throughout Syracuse and Central New York.
Through Real Talk with Stephanie and Market Watch Monday, Stephanie shares firsthand observations from the Central New York housing market and practical information to help consumers better understand the buying and selling process.
Have a question about buying or selling a home in Central New York?
Stephanie Scriven
NYS Licensed Real Estate Broker
Home With Us Realty Group
315-569-8931
StephanieScriven.com
This article is for general educational purposes and is not legal advice. Consult a qualified New York attorney for guidance specific to your transaction.
