In the fast-moving real estate markets of Hampstead and Leland, buyers often skip the survey to save $800 at closing. Fast forward two years, and you discover your neighbor’s brand-new vinyl fence cuts off five feet of your backyard.

Or perhaps you are buying a historic home in downtown Wilmington, and the charming brick wall out back actually sits three feet onto the property behind it.

In North Carolina, encroachment issues are not just minor annoyances; they are legal time bombs. Unlike states with strict statutory fence laws, NC relies heavily on common law and the dangerous ticking clock of Adverse Possession.

Here is the insider guide to handling boundary disputes in New Hanover, Pender, and Brunswick counties without ending up in a lawsuit.

Myth vs. Reality: The "GIS Map" Trap

Myth: "I looked at the county GIS map online, and it shows the fence is clearly over the line."

Reality: County GIS maps are for tax purposes only. They are not legal documents and have a margin of error that can be significant (sometimes 10–20 feet in rural Pender County).

The Insider Rule: You cannot demand a neighbor move a structure based on a printout from the tax office. You must have a current physical survey performed by a licensed NC surveyor. If you are relying on a survey from 1998, you are legally flying blind.

The 20-Year Danger Zone (Adverse Possession)

This is the most critical concept for NC homeowners.

The Law: If a neighbor openly uses a piece of your land without your permission for 20 years, they can legally claim ownership of that strip through Adverse Possession.

The Risk: If you notice an encroachment and say nothing because you "don’t want to be mean," you are actively helping them run out the clock. Silence acts as a slow-motion transfer of your deed.

Three Strategic Solutions (That Avoid Court)

If a survey confirms an encroachment, do not immediately send a cease-and-desist letter. That is the fastest way to turn a $500 problem into a $5,000 legal battle. Try these steps first:

The Encroachment Agreement (Best for Resale)

Instead of forcing them to tear down a fence, you sign a legal document acknowledging the encroachment and granting revocable permission for it to remain.

Why it works: It stops the 20-year Adverse Possession clock because the use is now permitted, not hostile.

The Easement (The Permanent Fix)

If the encroachment is a permanent structure, you may need to grant a permanent easement—selling the right to use that strip of land while retaining ownership of the dirt underneath.

The "Friendly" Removal

In new construction communities like Hampstead, fence companies often guess at property lines. If the fence is new, the installer may move it for free if you catch it early.

Local "Flavor" Risks

Historic Wilmington

If you demand removal of a historic brick wall, you may trigger HPC review, resulting in costly restoration requirements.

Beach Towns (Dune Crossovers)

If a neighbor’s dune crossover is on your land, you may be liable for CAMA violations if vegetation is damaged.

Pender County Subdivisions

Builders often use sod lines rather than survey stakes. We frequently see fences 2–3 feet off-target because of mass grading.

Your Next Step

An encroachment dispute can kill a pending sale or cost you thousands in legal fees if ignored. The difference between a title crisis and a minor paperwork fix is usually having the right team in place before the Closing Disclosure is signed.

Are you worried a property line issue might be lurking in your backyard?

Aspyre Realty Group excels at listening and communicating your concerns into a clear strategy. We work with the region's best surveyors and real estate attorneys to ensure your boundaries are secure—so you can enjoy your yard, not litigate it. Let’s review your survey today.