Why Boundary Disputes Happen
Property boundary disputes arise when the legal boundary shown in deeds and surveys conflicts with what neighbors believe—or have treated—as the property line. Common triggers include: a new survey conducted when a fence or structure is built that differs from a prior survey; a new neighbor purchasing adjacent property and questioning long-assumed boundaries; an improvement project (addition, pool) that crosses the apparent line; and encroachments by structures (sheds, driveways, garages) that straddled the boundary without prior objection.
Getting a Survey: The Starting Point
A current boundary survey by a licensed surveyor is the essential first step in any boundary dispute. The survey establishes the legal boundary based on the property's legal description, recorded plat maps, and physical monuments. If both neighbors commission surveys and they conflict, the dispute moves to which survey more accurately reflects the legal description—an issue that may require court resolution.
Surveys cost $500–$2,500 depending on property size and complexity. In subdivisions with recorded plat maps, surveys are typically straightforward. Rural properties with metes-and-bounds descriptions can be complex and expensive to survey definitively.
Adverse Possession: When Long Use Becomes Legal Ownership
Adverse possession is a legal doctrine that can transfer ownership of a portion of land to someone who has openly, continuously, exclusively, notoriously, and hostilely used it for the statutory period (varies by state, typically 7–21 years). If your neighbor has maintained, landscaped, or otherwise used a strip of your property for many years, they may have a colorable adverse possession claim—and vice versa. Early action (erecting a fence, written notice objecting to the encroachment) can prevent adverse possession from ripening.
Legal Options for Boundary Disputes
When neighbors cannot agree, options include: mediation (faster and cheaper than court, requires both parties to agree); a quiet title action in circuit/superior court (asks the court to declare the legal boundary); an injunction to remove an encroachment; and in some states, a statutory boundary dispute resolution process. Most states allow the prevailing party in a quiet title action to recover attorney's fees, which creates incentive to resolve through mediation when possible.
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Frequently asked questions
My neighbor built a fence on my property. What can I do?
Get a survey immediately to document the encroachment. Then send a written demand to the neighbor to remove the fence, noting the survey results. If the neighbor refuses, a court can order removal through an injunction. Acting promptly is important—the longer you wait, the more an adverse possession argument can develop. A written notice protects you even if you don't immediately file suit.
What is a "boundary by acquiescence" and could it affect my claim?
Boundary by acquiescence holds that when neighbors have treated a visible boundary line (a fence, a tree row, a ditch) as the property line for a long period and both acquiesced to it, that line may become the legal boundary even if it differs from the deed description. This doctrine is recognized in many states and can override a current survey. Its application depends on the length of acquiescence and state law.
Can I deduct an encroachment from the purchase price if I discover it after buying?
If an encroachment by a neighbor onto your property was not disclosed by the seller or found in the title search, you may have claims against the seller (non-disclosure), the title company (title policy coverage for encroachments), and potentially the real estate agent. The value of the claim depends on the encroachment's impact on your ability to use and sell the property.