How do I resolve a property boundary dispute?

Imagine you’re out in your backyard, enjoying a sunny day, when suddenly your neighbor comes storming over, red-faced and fuming. “That new fence you put up is on my property!” they shout. Uh oh, looks like you’ve got a property boundary dispute on your hands!

A property boundary dispute is a disagreement between neighbors over where one property ends and the other begins. It might seem like a simple issue, but these disputes can quickly escalate into heated conflicts if not handled properly.

What Causes Boundary Disputes?

There are a few common reasons why property boundary disputes arise:

• Unclear or outdated property records: If the legal descriptions of the properties are vague or based on old surveys, it can be tough to determine the exact boundaries.

• Encroachments: This is when one neighbor builds something (like a fence or shed) that extends onto the other’s property, whether intentionally or by mistake.

• Adverse possession: In some cases, if one neighbor has been using part of the other’s land openly and exclusively for a certain period of time (often 10-20 years), they may be able to claim legal ownership of that portion through adverse possession laws.

Surprising Insights

1. Fences don’t always mark boundaries: Just because there’s an existing fence doesn’t necessarily mean it’s on the legal property line. Fences can be built incorrectly or shift over time.

2. Trees can be a source of conflict: If a tree’s trunk straddles the property line, or its branches overhang onto a neighbor’s yard, it can lead to disputes over trimming rights and responsibilities.

3. Boundary disputes can impact property value: An unresolved boundary conflict can make it harder to sell your home, as potential buyers may be wary of the legal headache.

Resolving the Dispute

The best way to resolve a boundary dispute is through open communication and compromise. Here are some steps you can take:

• Check your property records: Obtain a copy of your property survey or legal description from your local land records office. Compare it to your neighbor’s to see if there’s a discrepancy.

• Talk to your neighbor: Approach them calmly and see if you can come to an agreement. Sometimes a simple misunderstanding can be cleared up through discussion.

• Consider mediation: If you can’t resolve it yourselves, a neutral third-party mediator may be able to help you find a mutually acceptable solution.

• Hire a surveyor: If the dispute persists, you may need to hire a professional land surveyor to officially mark the boundaries.

• Consult a lawyer: As a last resort, you may need to take legal action, such as filing a quiet title lawsuit to have a court officially determine the property lines.

Remember, it’s always better to try to resolve boundary disputes amicably if possible. Getting into a prolonged legal battle with your neighbor can be costly, stressful, and damage your relationship for years to come.

Learn More

• Adverse Possession: The legal principle that allows someone to claim ownership of land they’ve been using openly and exclusively for a certain period of time.

• Easements: A legal right to use someone else’s land for a specific purpose, such as a shared driveway or utility access.

• Zoning Laws: Local regulations that dictate how land can be used and what can be built on it, which can sometimes lead to boundary disputes.