Boundary disputes can be as simple as a disagreement over a misplaced fence or as complex as a multi-million-dollar litigation involving commercial properties. These disputes not only create tension between neighbors or business entities but can also lead to significant financial and legal consequences if not resolved promptly. Let’s explore five of the most common property boundary disputes and how professional land surveys can provide clarity and resolution, often becoming a real estate attorney’s best ally.
1. Encroachment Disputes
Encroachments occur when a structure, such as a fence, driveway, or building, extends beyond a property’s boundary into a neighboring property. A notable example was the infamous “Spite Fence” in San Francisco, where a dispute over a property line escalated into a 40-foot-high barrier built purely out of spite.
How surveys help: Land surveys precisely identify property lines and can confirm whether an encroachment exists. By providing detailed plats, surveyors help attorneys negotiate resolutions, such as easements or property line adjustments.
Attorney’s Question: How can I use a survey to defend my client in an encroachment dispute?
Answer: A survey provides legally defensible documentation of the property boundaries. It can serve as evidence in court to establish whether an encroachment exists and its extent. This allows attorneys to argue effectively for remedies like removal, compensation, or negotiated agreements.
2. Boundary Line Overlap
Disputes over overlapping property lines often arise from unclear or outdated legal descriptions. For instance, in 2019, a New York homeowner faced a lawsuit over a boundary line discrepancy due to an error in a decades-old deed.
How surveys help: Boundary surveys utilize the latest technology and historical records to resolve discrepancies between physical markers and legal descriptions, giving real estate attorneys a clear basis for resolving the dispute.
Attorney’s Question: What happens if the surveyor finds conflicting boundary evidence?
Answer: Surveyors analyze physical evidence, such as old markers, and cross-reference historical documents to establish the most accurate boundary. If conflicts persist, the surveyor’s expert testimony can provide clarity in mediation or litigation.
3. Access and Right-of-Way Disputes
Disputes over access to a property or the use of a shared driveway are surprisingly common. In 2018, a New Jersey homeowner’s blocked easement led to a legal battle that highlighted the importance of accurate easement descriptions in property records.
How surveys help: Surveys delineate existing easements and right-of-way agreements, ensuring both parties understand their legal rights. Attorneys can use this information to enforce or challenge access rights.
Attorney’s Question: Can a survey uncover undocumented easements?
Answer: Yes, surveys often reveal signs of historical use or undocumented easements, such as well-worn paths or utilities crossing the property. This information can support a claim for a prescriptive easement or argue against one.
4. Fence and Landscaping Disputes
Few things inflame neighborly relations like a fence placed in the wrong location. Whether it’s a deliberate attempt to claim land or an honest mistake, these disputes can escalate quickly. A recent case in Texas saw neighbors embroiled in a legal fight over a tree line that both claimed as their property.
How surveys help: Boundary surveys clarify where fences, trees, and other landmarks should be in relation to the property line. They provide an unbiased resolution tool.
Attorney’s Question: What should I do if a survey conflicts with existing landmarks?
Answer: A surveyor’s findings can be used to renegotiate property lines or to guide removal or repositioning of structures. The surveyor’s report is instrumental in proving which landmarks align with the legal boundaries.
5. Title Disputes and Overlapping Claims
Disputes over ownership often involve overlapping claims or unclear titles, especially in rural areas. In 2020, a boundary dispute in Georgia between two large landowners turned into a protracted court battle due to conflicting deeds.
How surveys help: Surveys provide the factual basis to reconcile discrepancies in deeds and titles. They’re often critical in title insurance claims and resolving overlapping claims.
Attorney’s Question: Can a survey protect my client from future disputes?
Answer: Absolutely. A current and accurate survey is one of the best preventative tools. It ensures clear documentation for property transactions, reducing the risk of future boundary-related litigation.
Final Thoughts: The Power of Collaboration
For real estate attorneys, partnering with a skilled land surveyor ensures clients have the best possible defense or resolution strategy in boundary disputes. Surveys aren’t just about property lines—they’re about protecting investments, fostering neighborly relationships, and providing clarity in often-murky legal situations.
When in doubt, consult a surveyor. Their work not only brings precision to real estate matters but also equips attorneys with the insights needed to navigate the complex world of property law. Clear boundaries create peace of mind, and peace of mind is invaluable.
In South Carolina or Georgia, H&M Surveying can assist with your land surveying needs. Use the contact information below to request a quote or speak to our staff.
SC: (864)335-8995
GA: (706) 955-2252
This post is for information only, and should not be considered as legal advice. Consult an attorney in your jurisdiction for more specific guidance.