Common Boundary Disputes and How a Survey Can Prevent Them

Common Boundary Disputes and How a Survey Can Prevent Them

Property ownership is one of the most significant investments most people will ever make. Yet, despite deeds, fences, and good intentions, boundary disputes remain one of the most common—and emotionally charged—conflicts between neighbors. As a professional land surveyor and civil engineering expert, I’ve seen firsthand how simple misunderstandings can escalate into legal battles costing thousands of dollars and years of stress.

The good news is that most boundary disputes are preventable. A professional land survey, performed at the right time and interpreted correctly, can provide clarity, legal certainty, and peace of mind. This article explores the most common types of boundary disputes, real-world examples of how they arise, and how professional surveys resolve or prevent them altogether.

Why Boundary Disputes Happen

Boundary disputes usually don’t start with bad intentions. They often arise from:

• Old or inaccurate property descriptions
• Assumptions based on fences, tree lines, or roads
• Changes in land use over time
• Missing or disturbed survey monuments
• Unrecorded agreements between previous owners

Many property owners assume that visible features define their boundaries. Unfortunately, those features are often installed for convenience, not accuracy. Only a professional land survey can legally establish where one property ends and another begins.

Real-World Examples of Boundary Disputes

Example 1: The Fence That Was Never on the Line

In a suburban neighborhood, two homeowners shared a fence that had existed for over 25 years. When one neighbor decided to sell, a survey revealed the fence was nearly three feet inside their property. The neighboring owner believed the fence defined the boundary and objected strongly.

A professional boundary survey, combined with deed research and monument recovery, confirmed the true line. Because the survey was completed before the sale, the issue was resolved through negotiation rather than litigation.

Example 2: Driveway Encroachment

A rural property owner paved a driveway decades ago without a survey. Years later, the adjacent land was developed, and a survey showed part of the driveway encroached onto the neighboring parcel. Construction was halted until the issue was resolved.

The survey allowed engineers and attorneys to determine the exact extent of the encroachment, leading to a recorded easement rather than a forced removal of the driveway.

Example 3: Waterfront Property Line Confusion

On waterfront properties, boundaries can shift due to erosion, accretion, or changes in water levels. In one case, two property owners disputed ownership of a newly formed beach area.

A professional survey, referencing historical plats, tidal data, and state boundary law, clarified ownership and prevented a costly court case.

The Role of a Professional Land Survey

A land survey is more than just measuring distances. It is a professional interpretation of legal documents, physical evidence, and boundary law. Surveyors are trained to evaluate:

• Recorded deeds and plats
• Physical monuments and markers
• Historical occupation lines
• Local and state boundary law
• Measurement evidence and tolerances

This combination of technical measurement and legal analysis is what makes a survey legally defensible and reliable.

Top 10 Common Boundary Disputes—and How Surveys Prevent Them

1. Fence Placement Disputes
   Fences are often installed based on assumptions. A boundary survey ensures fences are placed on the correct line or clearly identifies encroachments before installation.
2. Building Encroachments
   Garages, sheds, and additions frequently cross property lines. A construction or boundary survey prevents costly removals and redesigns.
3. Driveways and Access Roads
   Surveys define ownership and access rights, helping establish legal easements when needed.
4. Tree and Landscaping Conflicts
   Trees planted on or near boundaries can create disputes. Surveys clearly identify ownership before landscaping begins.
5. Adverse Possession Claims
   Long-term use of land can lead to ownership claims. Surveys document true boundaries and occupation lines early.
6. Subdivision Line Errors
   Older subdivisions may contain measurement inaccuracies. Modern surveys reconcile these errors using current standards.
7. Waterfront and Riparian Boundaries
   Surveys incorporate legal water boundaries and environmental regulations to prevent disputes.
8. Utility and Easement Conflicts
   Surveys locate recorded easements, preventing accidental obstruction or construction conflicts.
9. Road and Right-of-Way Disputes
   Public and private road boundaries are clarified through right-of-way surveys.
10. Commercial Property Line Conflicts
    In commercial developments, surveys prevent conflicts that can delay projects and financing.

How Surveys Resolve Conflicts Once They Exist

When a dispute is already underway, a professional survey becomes a critical tool for resolution. Surveyors provide:

• Expert testimony in court
• Exhibits and plats for mediation
• Clear, measurable evidence of boundaries
• Professional opinions grounded in law and standards

In many cases, simply presenting a professionally prepared survey diffuses tension by replacing opinions with facts.

The Cost of Not Getting a Survey

Many property owners avoid surveys to save money, only to face much higher costs later. Boundary litigation can involve:

• Attorney fees
• Court costs
• Delays in construction or sale
• Loss of usable land
• Strained neighbor relationships

A survey is a small investment compared to the potential financial and emotional toll of a dispute.

When You Should Get a Boundary Survey

• Before purchasing property
• Before building or installing fences
• Before subdividing land
• When selling property
• At the first sign of a boundary disagreement

Conclusion: Clarity Prevents Conflict

Boundary disputes are rarely about inches of land—they are about certainty, fairness, and trust. A professional land survey provides all three. By clearly defining property boundaries using legal, historical, and physical evidence, surveys prevent misunderstandings and protect property rights.

Whether you are a homeowner, developer, or investor, involving a licensed land surveyor early is one of the smartest decisions you can make. In the long run, clarity is always less expensive than conflict.

Footnotes

1. National Society of Professional Surveyors
2. Cornell Law School – Property Law Resources
3. Professional Land Surveyors Association
4. National Notary Association – Property Records
5. USA.gov – Property Boundaries