Property line disputes: How to prevent and resolve them

A property line dispute can cause a rift between neighbors and sometimes even result in legal action. Whether you’re intruding on your neighbor’s property or vice versa, it’s important to settle these boundary disputes as soon and as civilly as possible. Depending on the kind of relationship you have with your neighbor, you might be able to settle the issue through an informal conversation. Or, in a worst-case scenario, you might have to take the matter to court.

Let’s delve into what property line disputes are, define important terms to know on this subject and discuss how to settle a property line dispute.

Property line disputes explained

Property lines, also known as boundary lines, separate your property from your neighbor’s property. These lines are important because they determine who has the right to modify or build on the property, and they determine who’s liable if there’s a problem with or on the property.

When disputes arise over boundary lines in real estate, more than one issue may be to blame. Maybe you or a neighbor built a fence or a structure that crosses over the line. Or maybe a tree fell and there’s uncertainty over who’s responsible for cleaning it up.

These disputes are important to clear up as soon as possible. Property line disputes can ruin home sales, and easements can diminish your home value.

Let’s get acquainted with the different types of boundary line disputes and consider some examples so you’ll know how to spot them.

Encroachments

In real estate, an encroachment is when you or your neighbor builds something that straddles or crosses the property line. For example, suppose you’ve decided to put up a privacy fence and unintentionally built your fence 6 inches into your neighbor’s property. This is an encroachment.

Another example of an encroachment is someone building an outbuilding or an extension on their house. Especially with a large investment in an outbuilding or an extension on a home, encroaching on a neighbor’s property can be a costly mistake.

Trespassing

Put simply, trespassing is the act of traveling on private property. If your neighbors are picnicking on or regularly walking through your property without your permission, this is trespassing. If they do this frequently enough, it could turn into an easement.

Easements

Easements give others the legal right to access your property. One common easement allows utility companies onto your property for the purpose of monitoring and maintaining their equipment.

However, an easement that allows a neighbor onto your property could have negative effects on your home value. For instance, if your neighbor uses your yard to cut through to a nearby lake, an easement could be established. If you’re buying a home with an easement you’re unaware of, it’s a recipe for a boundary dispute.

Adverse possession

If an easement is someone having a right to your property, adverse possession is someone gaining ownership of it through hostile means. Also known as squatter’s rights, adverse possession occurs when someone openly occupies or modifies your property over a period of time.

Most, if not all, localities have laws around adverse possession, including how long it must occur for it to take effect. For instance, if your neighbor builds a new shed, it crosses the boundary line onto your property and you don’t do anything about it, the neighbor could be adversely possessing that part of your property.

Deed errors

When neighboring properties have conflicting errors in the property deed, this can lead to a property line dispute. Property deeds define the property boundaries. Any errors found in deeds of adjoining properties can lead to issues.

For instance, your neighbor could put up their fence in accordance with the property boundaries on their deed. An issue could arise if your deed lists different boundaries. The dispute will likely have to be resolved by a surveyor and/or a trip to the courthouse.

How to settle property line disputes

Once you’ve noticed an issue with your boundary lines, you’ll need to quickly address it. Note that your best chance of finding a stress-free solution is starting with a civil conversation. If you’re lucky, that will be the end of your property line dispute. But if there’s no resolution with this initial step, take the next step and the one after as the dispute worsens.

Next up is an in-depth look at all the steps that might be required.

1. Have a friendly conversation with your neighbor

If you believe your neighbor has overstepped the boundary lines of your property, you need to address it. Don’t be quick to make accusations, but also don’t avoid the conflict. Whether it’s encroachment or trespassing, calmly explain your concern and how you believe the problem can be remedied.

Depending on the level of money involved and how much you want to defend your property, you may have to negotiate. If your neighbor has mistakenly built on your property, you may grant an easement for as long as the structure is standing. However, if you don’t want the structure on your land, you may have to take your neighbor to court.

2. Check your property deed

Before accusing anyone, give your neighbor the benefit of the doubt. Check your property deed and ask to cross-reference your deed with theirs to get the vital information on your property lines. Property line disputes can often be avoided with a warranty deed.

3. Line up a property survey

A land surveyor creates an incredibly accurate description of a piece of land. The survey is a legal document containing GPS coordinates for the plot’s corners, measurements for the points in between and the total measurement for each boundary line.

Be aware that a property survey isn’t free, though. Generally, the person who requests the property survey will foot the bill. Surveys can cost $100 – $600 but may be well worth the cost if it means avoiding legal fees in the event the situation worsens.

At this point, your efforts to compare the deed and get a property survey won’t change anything if your neighbor refuses to abide by the information you discover. If they’re in the wrong and refuse to acknowledge it, speaking with a real estate attorney will be your best bet.

4. Hire a real estate attorney

A real estate attorney will help you navigate the law. They’ll be able to provide legal advice, such as whether you need to file what’s known as a quiet title action – wherein a judge will determine property ownership – or a petition with the court.

If your neighbor still won’t see it your way, your only remaining option may be the one we’ll review next.

5. Take the property line dispute to court

As a last resort, you can file a lawsuit against your neighbor through a formal complaint or a quiet title. Since lawsuits can last months or years and cost thousands of dollars in legal fees, it’s best not to turn to the courts until you’re sure you have no other recourse. You’ll want to work with a real estate attorney who will understand the nature of boundary dispute cases and the state laws surrounding such disputes.

As with most lawsuits, property line disputes have a statute of limitations. However, this varies from state to state. Bring your case to an attorney as early as possible to avoid the statute of limitations expiring.

The bottom line

Homeowners should be serious about their property rights, especially if a neighbor is intruding on their property. To avoid a nasty and expensive legal battle, talk with your neighbor first about any encroachments you believe they’re making. Maybe you can end the property line dispute then and there. Otherwise, you’ll need to escalate the situation as you deem necessary.

Settled your dispute and want to enhance your property? Consider a cash-out refinance with Rocket Mortgage^® to finance your home improvements.