How to Handle Property Line Disputes

A property line dispute happens when neighbors disagree over the boundary line dividing their properties. And if you’re dealing with one now, you know just how frustrating it is to go back and forth over something so essential. 

Property lines are marked by licensed land surveyors hired by land owners, developers, or government bodies to determine exactly where a property starts and ends. The results of these surveys are generally public record and can be accessed in person at the office of local county recorders or assessors.

While it may sound cut-and-dry, boundary disputes are a common issue between neighboring property owners, and can make it difficult to sell or enjoy your land – especially if the dispute is contentious and ongoing.

So what’s the path forward? Learn more about property line disputes below, including why they happen and how to find a resolution. 

Common Causes of Property Line Disputes

There are several common reasons why property line disputes happen:

• Conflicting surveys
• Easements and common areas
• Encroachments
• Boundary miscommunications
• Unclear boundary designations

Conflicting Surveys

It’s very possible for two land surveyors to come up with two different decisions on the exact boundaries of a property. This typically happens because one survey is incorrect or inconclusive, with a lot of wiggle room when it comes to measurements and how data is interpreted. 

Easements and Common Areas

Whether expressed or implied, easements make it tricky to pin down property lines and establish clear boundaries between neighboring parcels of land. The same goes for common areas such as shared access roads, paths, or fence lines. 

Encroachments

An encroachment happens when one neighbor has a structure that physically extends onto the adjacent property, such as a large barn or part of a tree. Boundary issues can arise when the encroachment first occurs, or later one when one neighbor goes to sell and realizes their property lines aren’t as clearly demarcated as they should be. 

Boundary Miscommunications

Not all boundary disputes come from malicious intent. In many cases, they’re due to basic errors in communication between sellers and buyers or new owners and their established neighbors, and are particularly common around things like easements and encroachments. 

Unclear Boundary Designations

Land surveys can be ambiguous or hard-to-read, resulting in a lot of confusion for those who are trying to make sense of them. They can also be flat out wrong – a fact that may not be obvious until a later survey is performed. 

How to Resolve a Dispute Over Boundary Lines

Different types of property line disputes have different paths to resolution. The good news is that they can usually be cleared up without the need for legal action, though it never hurts to have a land attorney by your side as you pour through survey documents and reach consensus with your neighbor. 

Step One: Have a Conversation

You can’t resolve a property dispute without talking about it. Having a clear, open, and respectful conversation with your neighbor is a must for moving forward. It may also be all that’s needed in order to figure out property boundaries, saving both owners the stress and expense of a drawn-out battle. 

Step Two: Review Available Evidence

Land surveys are a great place to start when resolving property line disputes, as are property deeds and sale documents. If your land was parceled by a developer before being put up for sale, you should also contact their office to request any internal records and survey data they have on hand. 

Step Three: Contact a Mediator

Mediators are neutral third party professionals who listen to both sides of the argument and help parties come to a mutually beneficial compromise. A mediation agreement isn’t legally binding, but can be if the parties write it down and sign it. A possible compromise may be clear directives on where the boundaries are, or it can be an agreement to bring in another land surveyor and both abide by the results. 

Step Four: Take Legal Action

If mediation doesn’t resolve the dispute, legal action will likely be necessary. Land/real estate attorneys specialize in all legal matters pertaining to land ownership, and when necessary, can litigate boundaries in and/or out of court to make sure there is no more confusion. 

How to Find Your Property Lines

Unsure if you have a property line problem? Before taking the steps above, do your own due diligence looking into the boundaries of your property and identifying any points of contention. You can do this in a number of ways:

• Accessing official documents such as land surveys, deeds, and sale records
• Looking for physical markers on your property, including fences and survey pins
• Contacting your local county recorder’s or assessor’s office, or possibly your county’s local zoning office
• Hiring a licensed land surveyor to perform a new assessment

These are all worthy actions to take if you’re worried about a potential property line dispute. They’re also helpful if you’re planning to sell a property and want to make sure you’re as accurate as possible in your listing and sale contract. You can find a qualified land surveyor in your area by looking up your state’s land surveying associations or by asking your land broker for a recommendation. 

In Summary

You can’t always avoid a property line dispute, but you may be able to resolve it quickly and with minimal headache. 

Talk to your neighbor directly, and try to get to the bottom of where the differences in information are coming from. From there, you should be able to find a solution that works for everyone or bring in a neutral third party who can establish the terms for you.