Boundary Disputes: How to Identify and Resolve Property Line Issues

Understanding Property Boundaries: The Foundation of Your Land Rights

Property boundaries define exactly where your land ends and your neighbor's begins. While this seems straightforward, boundary disputes are among the most common—and contentious—conflicts between property owners. Fences built in the wrong location, encroaching structures, disputed driveways, and conflicting surveys can all lead to serious disagreements that may require legal resolution.

Whether you're purchasing a new home, planning improvements, or already facing a boundary disagreement, understanding how property boundaries work and how disputes are resolved protects your property rights and helps maintain neighborly relations.

How Property Boundaries Are Defined

Property boundaries aren't arbitrary—they're established through legal descriptions recorded in your deed and can be physically located through professional surveying.

Legal Descriptions

Every property deed contains a legal description that defines the property's boundaries. These descriptions typically use one of several methods:

• Metes and bounds: Describes boundaries using directions, distances, and reference points (common in older properties and eastern states)
• Lot and block: References recorded subdivision plats that show lot boundaries (common in planned developments)
• Government survey system: Uses townships, ranges, and sections from government land surveys (common in western states)

These legal descriptions, while precise on paper, don't always translate clearly to physical boundaries on the ground—which is where professional surveys become essential.

The Role of Surveys

A professional survey physically locates and marks your property boundaries based on the legal description. Licensed surveyors use sophisticated equipment, historical records, and established survey markers to determine exactly where your property lines lie.

Surveys are important when:

• Purchasing property (especially if the previous survey is old or unavailable)
• Planning construction or improvements near property lines
• Installing fences or landscaping
• Resolving boundary disputes
• Subdividing property
• Obtaining title insurance (some policies require surveys)

Signs You May Have a Boundary Issue

Several indicators suggest potential boundary problems:

Physical Signs

• Fences that don't match survey pins: Existing fences may have been built in the wrong location years ago
• Encroaching structures: Buildings, sheds, decks, or driveways that extend past property lines
• Disputed areas: Strips of land that both neighbors consider theirs
• Moved or missing markers: Survey stakes that have been disturbed or removed

Documentary Signs

• Conflicting surveys: Different surveys showing different boundary locations
• Unclear legal descriptions: Descriptions that are ambiguous or reference no-longer-existing landmarks
• Gap or overlap: Legal descriptions of adjacent properties that don't match up

Neighbor Relations Signs

• Disagreement about where the boundary lies
• Neighbor making use of land you believe is yours
• Neighbor blocking access you've traditionally used
• Disputes about maintenance responsibilities for shared or boundary features

The Professional Survey Process

If you suspect a boundary issue, obtaining a professional survey is typically the essential first step:

Choosing a Surveyor

Work with a licensed professional land surveyor (PLS) in your state. Ask for references, understand their process, and get a clear quote before proceeding. Costs vary based on property size, terrain, complexity, and local rates—typically ranging from $300 to $1,000 or more.

The Survey Process

1. Research: The surveyor reviews your deed, prior surveys, subdivision plats, and other records
2. Fieldwork: Using GPS equipment, total stations, and traditional methods, the surveyor locates existing markers and measures the property
3. Analysis: The surveyor reconciles field findings with legal descriptions and historical records
4. Marking: Property corners are marked with stakes, pins, or other monuments
5. Documentation: A survey plat or map is prepared showing boundaries, measurements, and any encroachments or discrepancies

What the Survey Shows

A comprehensive boundary survey typically includes:

• Property boundaries with distances and bearings
• Total acreage or square footage
• Location of buildings and improvements
• Easements and rights of way
• Encroachments (structures crossing property lines)
• Setback lines and building restrictions

Resolving Boundary Disputes

If a survey confirms a boundary dispute, several resolution options exist, ranging from amicable agreements to litigation:

Informal Resolution

Many boundary disputes can be resolved through direct communication with your neighbor:

• Share survey results and discuss the situation calmly
• Listen to your neighbor's perspective
• Explore practical compromises
• Consider what's more important: being technically right or maintaining a good relationship

Boundary Line Agreement

If both parties can agree on where the boundary should be—whether at the surveyed location or somewhere else—they can execute a boundary line agreement. This recorded document:

• Establishes the agreed boundary line
• Is binding on both parties and future owners
• Eliminates future disputes about the boundary
• May require quitclaim deeds to transfer any affected property interests

Lot Line Adjustment

In some cases, formally adjusting the lot line through a lot line adjustment process makes sense. This involves:

• Creating a new legal description and survey
• Approval from local planning authorities
• Recording new deeds reflecting the adjusted boundaries
• May involve purchase/sale of the adjusted land

Mediation

If direct negotiation doesn't resolve the dispute, a neutral mediator can help facilitate an agreement. Mediation is typically faster and less expensive than litigation while preserving the possibility of maintaining a cordial neighbor relationship.

Quiet Title Action

When other methods fail, a quiet title action asks the court to determine the boundary location. This legal process can definitively resolve the dispute but is expensive, time-consuming, and may permanently damage neighbor relationships. For more on this process, see our guide on Resolving Property Ownership Disputes.

Encroachments: A Special Boundary Problem

An encroachment occurs when a structure or improvement crosses a property boundary—for example, a neighbor's fence, shed, or driveway extends onto your land.

Dealing with Encroachments

• Document the encroachment: Get a survey showing exactly what's encroaching and by how much
• Discuss with the neighbor: They may not realize the encroachment exists
• Consider practical solutions: Options include removal, purchase of the encroached land, easements, or agreements allowing the encroachment to remain
• Act within a reasonable timeframe: Delay can create adverse possession issues

Encroachments and Title Insurance

When you purchase property, the title search may not reveal all encroachments—that's why surveys are important. Title insurance policies often exclude coverage for encroachments that would have been shown by a survey. However, if encroachments aren't disclosed and cause you loss, title insurance may provide protection depending on your policy terms. Learn more in What Is Title Insurance?

Adverse Possession: How Boundaries Can Change Over Time

Under certain conditions, someone who uses another's land for a long period may actually acquire legal ownership—this is called adverse possession. Requirements vary by state but typically include:

• Actual possession: Physical use and control of the land
• Open and notorious: Use that's visible and obvious
• Hostile: Without the owner's permission
• Exclusive: Not shared with others including the legal owner
• Continuous: For the statutory period (often 5-20 years)

Adverse possession claims can complicate boundary disputes, particularly when fences or uses have been in the "wrong" location for many years. This is another reason why surveys and prompt attention to boundary issues matter.

Preventing Boundary Disputes

Take proactive steps to prevent boundary issues:

• Get a survey when purchasing: Know exactly what you're buying
• Understand your legal description: Review your deed and ask questions if anything is unclear
• Mark boundaries appropriately: Consider installing permanent markers or monuments
• Address issues promptly: Don't let encroachments or disputes fester
• Maintain good records: Keep surveys, deeds, and boundary agreements accessible
• Communicate with neighbors: Discuss boundary-related projects before starting
• Purchase title insurance: It provides protection against some boundary-related claims

The Bottom Line on Boundary Disputes

Property boundaries define your rights as a landowner, and disputes about them deserve serious attention. Starting with a professional survey establishes the facts, which then become the foundation for resolution—whether through neighbor agreement, formal boundary adjustment, or legal action.

When facing a boundary issue, balance your legal rights with practical considerations and neighbor relations. Many disputes that seem major can be resolved amicably once both parties understand the true boundary location and explore reasonable compromises.