Your neighbor built a fence on what you believe is your land. A survey shows the property line is different than everyone assumed. A shed or driveway encroaches on your property. Boundary disputes with neighbors can be contentious and expensive to resolve—but when your property rights are at stake, you may need to take legal action.
Quick Answer
You may be able to sue to establish the correct boundary line, remove encroachments, or recover damages from a neighbor who’s using your property. Before suing, get a professional survey to establish where the legal boundary actually is. Courts can issue orders declaring the boundary and requiring encroachments to be removed.
Common Boundary Disputes
| Dispute Type | Examples |
|---|---|
| Fence location | Fence is on the wrong side of the property line |
| Building encroachment | Neighbor’s shed, garage, or addition crosses the line |
| Driveway encroachment | Part of neighbor’s driveway is on your property |
| Landscaping | Gardens, walls, or structures cross the boundary |
| Unclear boundary | Old or missing property markers create uncertainty |
| Tree disputes | Trees on the boundary line (co-ownership issues) |
Establishing the Property Line
Professional Survey
A licensed surveyor can definitively establish your property boundaries using:
- Legal descriptions in your deed
- Official plat maps
- Physical monuments and markers
- GPS technology
Cost: Typically $300-$800 for residential surveys, more for complex properties.
Review Your Deed
Your deed contains the legal description of your property. This is the official record of your boundaries.
Check Title Insurance
Your title insurance may provide coverage if there are title defects or encroachments you weren’t told about when you bought.
Types of Legal Claims
Quiet Title Action
A lawsuit asking the court to definitively establish who owns the disputed land. This “quiets” any competing claims and provides a clear ruling on ownership.
Trespass
If your neighbor is using your land without permission, you may sue for:
- Nominal damages (acknowledging the violation)
- Actual damages (harm caused)
- Injunction (court order to remove the encroachment)
Ejectment
A lawsuit to remove someone from property you own. Used when your neighbor has occupied or built on your land.
Declaratory Judgment
Ask the court to declare where the boundary line is, settling the dispute definitively.
Defenses Your Neighbor May Raise
Adverse Possession
If your neighbor has used the disputed land openly, continuously, and exclusively for a statutory period (typically 5-20 years depending on state), they may claim legal ownership through adverse possession.
Requirements typically include:
- Actual, open, and visible use
- Exclusive possession
- Continuous use for the statutory period
- Hostile (without permission) use
- Sometimes payment of property taxes
Boundary by Acquiescence
If both neighbors treated a particular line as the boundary for a long time (even if it’s wrong), courts may establish it as the legal boundary. This recognizes practical reality over paper boundaries.
Boundary by Agreement
If previous owners agreed on a boundary (even informally), that agreement may be binding on current owners.
Easement
Your neighbor may have a legal right to use part of your property through:
- Written easement in the deed
- Easement by necessity (landlocked property)
- Prescriptive easement (similar to adverse possession)
Steps to Take
1. Get a Survey
Before taking any action, hire a licensed surveyor to establish the actual boundary. You can’t make legal arguments without knowing where the line is.
2. Communicate with Your Neighbor
Share the survey results. Many disputes result from innocent mistakes about where the line is. A civil conversation may resolve the issue without legal action.
3. Review Historical Records
Check:
- Both property deeds
- Old surveys or plat maps
- Aerial photographs showing historic use
- Title insurance policies
4. Consider Negotiation
Possible resolutions include:
- Boundary line agreement: Formally agree on where the line is
- Property sale: Neighbor buys the disputed strip
- Easement: Neighbor pays for the right to use your land
- Encroachment removal: Neighbor moves the structure
5. Mediation
A neutral mediator can help you and your neighbor reach a resolution:
- Less expensive than litigation
- Preserves neighbor relationships
- You control the outcome
6. Consult an Attorney
A real estate attorney can:
- Analyze your deed and survey
- Identify potential claims and defenses
- Send demand letters
- Represent you in court
7. File a Lawsuit
If negotiation fails, you may need to sue to:
- Establish the correct boundary
- Force removal of encroachments
- Recover damages
What You Can Recover
- Declaratory relief: Court declaration of the correct boundary
- Injunctive relief: Order to remove encroachments
- Damages: Value of lost use of land, cost of removal, property damage
- Survey costs: In some cases, you can recover the cost of your survey
- Attorney fees: Rarely, in egregious cases or if your deed provides for it
The Encroachment Problem
Minor Encroachments
Courts may be reluctant to order removal of significant structures for minor encroachments (inches, not feet). They may instead award:
- Damages representing the value of the land
- A forced sale of the strip to the encroaching neighbor
- An easement
Significant Encroachments
For major encroachments (buildings, large portions of property), courts are more likely to order removal—especially if the encroaching neighbor knew or should have known they were on the wrong property.
Balancing of Equities
Courts weigh the harm to you against the harm to your neighbor. If removing a structure would cost $100,000 but only benefits you marginally, courts may fashion a different remedy.
Frequently Asked Questions
What if we’ve both assumed the fence was the boundary for years?
If the fence has been treated as the boundary for long enough (varies by state), it may become the legal boundary through acquiescence, even if the survey says otherwise.
Can I remove an encroachment myself?
Generally no—removing a neighbor’s property (even on your land) can expose you to liability. Get a court order first, or reach an agreement.
Do I need a lawyer for a boundary dispute?
For significant disputes involving structures or valuable land, yes. Boundary law is complex, and the stakes (potentially losing part of your property or being sued for removal costs) are high.
What if my neighbor won’t agree to a survey?
You can hire your own surveyor—they only need to survey from your property. If there’s a dispute, courts accept licensed survey results as evidence.
How long do boundary disputes take to resolve?
Negotiated resolutions: weeks to months. Litigated cases: typically 6 months to 2 years, sometimes longer for complex disputes.
What if the encroachment happened before I bought the property?
You generally inherit both the rights and burdens of previous owners. However, you may have claims against your seller or title insurance company if the encroachment wasn’t disclosed.
When to Contact a Lawyer
Consider consulting a real estate attorney if:
- A survey shows encroachment onto your property
- Your neighbor is claiming adverse possession
- Significant structures are involved
- The dispute involves substantial land value
- Your neighbor refuses to resolve the issue amicably
- You’re buying or selling property with a known boundary issue
Many real estate attorneys offer consultations to assess boundary disputes.
Last updated: January 2025
This article provides general information about boundary disputes in the United States. Laws vary by state. Consult with a qualified real estate attorney for advice specific to your situation.
