Few legal disputes are as personally charged as boundary disputes. When a neighbor builds a fence on your property, or when a driveway encroaches across the property line, the conflict is not just about land — it is about territory, principle, and the sanctity of home.
Common Causes of Boundary Disputes
Discrepancies Between Deeds and Surveys
Property boundaries are described in deeds using legal descriptions. When adjacent properties have deeds with slightly different descriptions of the common boundary, disputes arise about which controls.
Encroachments
An encroachment occurs when a structure from one property extends onto an adjacent property — fences, driveways, buildings, sheds, or landscaping features. Encroachments are often discovered during surveys for sale or refinancing.
Easement Disputes
Disputes arise when the scope, location, or existence of an easement is contested — whether it allows vehicle access, whether it can be relocated, and whether it has been abandoned.
Adverse Possession Claims
Adverse possession allows a person who has occupied another's land for a specified period to claim ownership. If a neighbor has maintained and used a portion of your property for the statutory period (typically 10-20 years), they may have a claim.
Legal Principles
Priority of Descriptions
Courts apply a hierarchy: natural monuments (rivers, trees), artificial monuments (survey markers), distances, and area (least reliable). A reference to a "stone wall" in the deed may control over a specific distance measurement.
Acquiescence and Practical Location
When adjacent owners have treated a particular boundary as the property line for a long period, courts may find they have acquiesced — the long-standing practical boundary controls over the deed description.
Adverse Possession Elements
The claimant must show use that was actual, open and notorious, exclusive, hostile and adverse, and continuous for the statutory period.
Resolving Boundary Disputes
Step 1: Professional Survey
The first step is a professional survey from a licensed land surveyor, establishing the legal boundary based on deed descriptions and physical monuments.
Step 2: Review Title and Deed History
Review deeds for both properties and historical chain of title. Look for discrepancies, references to monuments, and recorded boundary agreements.
Step 3: Direct Negotiation
Attempt to resolve the dispute directly. Many disputes can be resolved through conversation, particularly if the survey shows the actual boundary differs from assumptions.
Step 4: Mediation
A neutral mediator facilitates negotiation. Non-binding but highly effective because it allows creative solutions.
Step 5: Boundary Agreement
If the parties can agree, a written boundary agreement is recorded in county land records and becomes binding on future owners. This is often the best resolution — certainty without litigation.
Step 6: Litigation
A "quiet title" action asks the court to determine the legal boundary. Expensive and unpredictable — a last resort.
Preventing Boundary Disputes
- Obtain a survey before purchasing
- Have surveyor mark property lines before construction
- Address encroachments promptly — delaying strengthens adverse possession claims
Frequently Asked Questions
My neighbor's fence is on my property. What can I do? Obtain a survey, attempt negotiation, and if necessary pursue legal action. Do not delay — long-standing encroachments can create adverse possession claims.
Can I claim adverse possession of land I've been using? It depends on whether your use meets all legal requirements. Consult with an attorney to assess your claim.
What if the boundary doesn't match the deed but has been in place for decades? The doctrines of acquiescence and practical location may apply — the long-standing boundary controls.
Resolve Your Boundary Dispute
Early intervention by experienced legal counsel can often resolve boundary issues before litigation. Contact us at 607-547-1195.
