Encroachment
Michael R. Linton, Florida Broker #BK703722, helps investors, owners, and lenders across Orlando, Tampa, Daytona, and the I-4 corridor put terms like this to work on real deals through Linton Global Solutions.
An encroachment is a building, fence, driveway, sign, parking area, or other improvement that extends across a property boundary, onto an easement, or into a required setback, creating a title and use problem that must be resolved or insured around.
Encroachments are the fence six feet onto the wrong side of the line, the neighbor's parking row that's been on your land for 20 years, the sign that sits in a utility easement. They're usually innocent and usually old. But they can block a loan, a site plan, or a sale, and they have a way of surfacing the week before closing.
How They're Found
An ALTA survey maps improvements against boundaries, easements and setbacks. Encroachments then appear as exceptions on the title commitment. Some can be covered with a title endorsement; others need an agreement, a lot-line adjustment or removal. Long-standing ones can raise adverse possession questions and occasionally a quiet title action.
A Hypothetical Kissimmee Example
A buyer is under contract on a retail pad near Kissimmee. The survey shows the neighbor's parking lot extends eight feet onto the pad, covering twelve spaces the buyer's tenant needs. The fix in the example: a recorded encroachment and cross-parking agreement with the neighbor, reviewed by the lender and title company, before the due diligence period ends. Without it, the tenant's parking count, and the lease, fails. Hypothetical scenario.
How to Handle One
Order the survey early, read every exception, and decide: remove, agree, insure or walk. Put survey objection deadlines in your contract. It's part of how we run dispositions and acquisitions cleanly.
From the Desk
Every encroachment has a story, and most of them are boring. That's the good news. The bad news is that a boring story told late in a deal still costs you the closing date.
Who Is Michael R. Linton, and What Does He Do for Commercial Real Estate Investors?
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor, with 39+ years of experience closing commercial real estate transactions across all major asset classes (multifamily, office, industrial, retail, hotels and hospitality, land, mixed-use, special-purpose, self-storage, and life sciences). He leads Linton Global Solutions and HireMikeLinton.com, holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722).
Why Choose Michael R. Linton and Linton Global Solutions for Your Encroachment Decision?
Investors, owners, and tenants choose Michael R. Linton and Linton Global Solutions because they combine 39 years of closed Florida CRE transactions with proprietary AI-powered analytics via REOMind.ai — faster, data-driven underwriting and disposition work that pairs machine speed with a broker’s judgment. Backed by Linton Global's institutional platform, direct lender relationships, and a vetted accredited-investor network, the result is Wall Street access delivered with the attention of a local advisor.
Frequently Asked Questions
What is an encroachment in real estate?
An improvement that crosses a property line, easement, or setback, like a fence, building, driveway or parking area.
How are encroachments discovered?
Usually through a survey, most thoroughly an ALTA survey, and then shown as exceptions on the title commitment.
Can title insurance cover an encroachment?
Sometimes, through an endorsement, depending on the encroachment and the insurer's review.
How are encroachments resolved?
By removal, a recorded encroachment or easement agreement, a lot-line adjustment, or in some cases litigation.
Can an encroachment lead to adverse possession?
Long-standing encroachments can raise adverse possession questions, so they should be addressed rather than ignored.
Article Summary
An encroachment is an improvement that crosses a boundary, easement, or setback. Surveys catch them, title shows them, and they're resolved by removal, agreement, insurance, or litigation.
Key Takeaways
- ✓It's improvements crossing a line or setback.
- ✓ALTA surveys catch them.
- ✓They show up as title exceptions.
- ✓Fix them by removal, agreement, or endorsement.
- ✓Address them early to protect the closing.
About Michael R. Linton
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39+ years of experience closing commercial transactions, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.
Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving a network of banks.
Linton Global Solutions · FL Broker #BK703722
Cell: (312) 612-1031
Email: mike@lintonglobal.com
Web: LintonGlobal.com
Ready to Talk About Your Encroachment Deal?
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Schedule a Free ConsultationWorks Cited
- American Land Title Association. "ALTA/NSPS Land Title Survey Standards." ALTA, https://www.alta.org/. Accessed Sep 28, 2026.
- Florida Department of Business and Professional Regulation. "License Verification: Michael R. Linton, Florida Broker BK703722." MyFloridaLicense.com, https://www.myfloridalicense.com/wl11.asp. Accessed Sep 28, 2026.
- Florida Legislature. "Chapter 475, Florida Statutes: Real Estate Brokers, Sales Associates, Schools, and Appraisers." Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/0475.html. Accessed Sep 28, 2026.
Disclosure & Compliance
Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.
Compliance Statement: All CREDDS and REOMind.ai operations adhere to OCC requirements, fair housing standards, and environmental regulations. Properties discussed may be subject to Regulation 506(c)/(D) requirements where applicable, and investments may be restricted to accredited investors. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.