What If I Disagree With My Neighbor’s Survey or My Survey Shows an Encroachment?
Property boundaries can be surprisingly complex, and it’s not uncommon for homeowners to discover that a neighbor’s fence, shed, driveway, or landscaping appears to cross the line—or that two surveys don’t match. If you find yourself in this situation, here are clear steps to help you respond calmly, legally, and effectively.
1. Review Both Surveys Carefully
Start by looking closely at your survey and the neighbor’s survey. Make sure you understand the markings, legend, and boundary descriptions. Surveys may differ because they were performed at different times, used different measurement standards, or relied on old records.1
2. Talk to Your Neighbor First
Before escalating the issue, have a friendly, non-confrontational conversation. Your neighbor may not be aware of the discrepancy or possible encroachment. Open communication can often lead to simple solutions—such as agreeing to jointly hire a surveyor or adjusting a structure voluntarily.
3. Contact Your Surveyor for Clarification
If you believe your survey is accurate, reach out to the licensed surveyor who performed the work. They can:
- Explain why their findings differ from another survey
- Revisit the property to verify boundary markers
- Provide written clarification for use in discussions or mediation
Sometimes a small discrepancy can be resolved by re-examining physical monuments, deeds, or prior survey records.2
4. Consider a Boundary Line Agreement
If the surveys conflict but both parties want to resolve the issue amicably, you may be able to establish a Boundary Line Agreement. This is a written, legally recognized document in which neighbors agree on the exact dividing line. Once recorded, it becomes part of the official property record and prevents future disputes.
5. Try Mediation Before Legal Action
Mediation is often less expensive and less stressful than going to court. A neutral third party helps both sides understand the evidence and explore fair solutions. Many counties offer community mediation services for property disputes.
6. Consult a Real Estate Attorney if Necessary
If the disagreement is significant or the encroachment involves a structure that can’t easily be moved, a real estate attorney can help you understand your rights and remedies. These may include:
- Requesting removal or modification of the encroachment
- Negotiating an easement
- Pursuing a quiet title action to legally confirm the boundary
Keep in mind that property laws vary by state, so professional guidance is highly recommended.3
Examples
Example 1: A Fence Over the Boundary
You discover that your neighbor’s new fence extends 8 inches into your yard according to your survey. You talk to your neighbor, compare surveys, and agree to hire a third surveyor. The third survey confirms the encroachment, and your neighbor voluntarily moves the fence.
Example 2: Conflicting Surveys
Your survey shows a property line that cuts across your neighbor’s driveway, while their older survey shows the driveway entirely on their property. After mediation, both parties sign a boundary line agreement that allows the neighbor to maintain the driveway via an easement.
Example 3: A Large Structure on the Wrong Side
A shed appears to sit two feet over your boundary. The neighbor refuses to move it, claiming their survey disagrees. You consult an attorney and ultimately resolve the matter with an easement and compensation arrangement rather than costly litigation.
Footnotes
- Understanding survey discrepancies – National Society of Professional Surveyors: https://www.nsps.us.com
- How surveyors determine boundary lines – American Land Title Association: https://www.alta.org
- Property boundary dispute guidance – Nolo Legal Encyclopedia: https://www.nolo.com/legal-encyclopedia/property-boundary-disputes