Property Boundaries, Lines, and Neighbors FAQ

Property boundaries are defined by surveyors through detailed measurements and are marked on documents like a land survey or subdivision plot. Disputes over property lines can be resolved through mediation, legal action, or mutual agreement with your neighbor.

Ever wonder the exact line where your property begins or ends? Are you ready to begin a new home improvement project, but have contractors asking for the legal description of your property? Do you need to settle a property line dispute with your neighbor?

The confusion over property boundaries and the borders of real estate is the basis of many disputes between neighbors. These disagreements over boundaries often include encroachments — real or perceived — on a person's property.

If boundary-line disputes arise between neighboring properties, you have several legal options, including:

• Negotiating with your neighbor through mediation
• Filing a legal claim to quiet the title or re-establish boundary lines

This article answers a few frequently asked questions about the law surrounding property lines. If you need help settling a boundary dispute, consider reaching out to a local real estate attorney. They can help you with things like analyzing deeds, searching public records, complying with your mortgage terms, and filing the right paperwork with local government. They can also help you negotiate with your neighbor, if need be.

Understanding Property Boundary Lines

If you recently purchased a new home or are planning to build a fence or other structure on your property, it's vital that you know where your property boundaries lie.

Property boundaries are the crucial lines that mark where one property ends and the neighboring property begins. Landowners identify their properties using detailed boundary lines. Surveyors establish these boundary lines with measured angles and distances, creating a map of the land.

People often struggle to find property lines and may need to visit an assessor's office for assistance.  If a current property survey doesn't exist, you will need to have one done. An assessor can assist with this.

Otherwise, the property lines can be found in a geographical information system (GIS), which is often publicly available through the assessor's office. These systems typically include plat maps. A plat map indicates the boundaries of the property and your parcel number. Land assessors and land surveyors compile this information and make it publicly available.

Frequently Asked Questions About Property Boundaries

Review any of the following material for more information, including legal descriptions of important and fundamental concepts related to property boundaries:

• Where can I find information that will tell me my exact property boundaries?
• How can I get my property lines marked?
• Can I mark my property boundaries myself?
• How much does it cost to have a property surveyed?
• Can my neighbor and I simply agree on where the boundary should be?
• What are the rules for fences on the property line? 
• What is encroachment?
• What remedies do I have if my neighbor starts to use my property?
• Where can I find legal help with property boundaries?

Where Can I Find Information That Will Tell Me My Exact Property Boundaries?

Many people do not know where the precise edges of their land fall. After all, most property has changed hands over the years either through sale or the probate process. Property lines are often assumed to be consistent with existing fences or landscape boundaries. But this isn't always the case.

You can request a copy of the land survey or subdivision plot for your property from your county clerk's office. These documents are required to have detailed information about your property boundaries.

You can also check for boundary information in your:

• Plat map or GIS map
• Property deed
• Title insurance

However, information about property borders is not always easy to understand. For example, you might see references to metes and bounds. These are boundaries or limits of a tract of land — it usually refers to lines and distances between points on the property.

If several documents on file indicate different property lines, the job may be more complicated and ultimately cost more. However, first-time homebuyers may want to invest in a new survey. 

How Can I Get My Property Lines Marked?

In many cases, it's worthwhile to get help from a professional surveyor. A licensed land surveyor can find the correct documents and use special instruments to mark the boundaries of your property.

A surveyor can also examine existing markers to check their accuracy. Some older properties may have pins or stakes along an outdated property line. The surveyor can remove old markers to place new ones on your current property line. 

Property line markers provide a reference for where you can build or landscape. They can be helpful if you plan to put up a fence or another structure near your boundaries. They could also help clarify which neighbor is responsible for a tree issue. So, it's important that your markers are accurate.

Can I Mark My Property Boundaries Myself?

No. You might want to place or move markers yourself based on property records, but doing so could cause legal trouble. In fact, changing existing boundary markers is illegal in many states, which usually classify the offense as a misdemeanor.

Custom markers also don't hold the same legal significance as professionally placed pins. In a dispute with a neighbor, do-it-yourself property line markers wouldn't have legal standing if they conflict with the real property line. 

However, you can try to find existing physical property markers or boundary monuments yourself using a metal detector. The markers should be shown on the land survey, located at the corners of your property. They are typically metal pins or stakes buried 6"-10" below the surface at each corner.

But remember that very old markers may no longer be accurate. To prevent confusion and consequences, it's advisable to hire a licensed surveyor.

How Much Does It Cost To Have a Property Surveyed?

The cost of a land survey depends on several factors, including:

• The size of the land to be surveyed
• Whether an accurate subdivision map already exists
• The geographic location
• How long it has been since the last time the land was surveyed

The cost of a survey typically starts at $500 and can end up costing thousands of dollars. If your land has not been surveyed for a long time, or if there are multiple existing survey maps that conflict, you can expect to pay more.

Can My Neighbor and I Simply Agree on Where the Boundary Should Be?

Yes. Property lines can be changed through mutual agreement.

If you and your neighbor have agreed on the property boundaries, you can make a "lot line agreement," also called a "lot line adjustment agreement." These agreements are official and binding. They are made by drafting and signing a new property deed that describes the agreed-upon property line in detail.

However, keep in mind that your bank (or your neighbor's bank) may not approve of a boundary change if one or both of the homes are still under a mortgage. Your mortgage is signed with a description of the property. If you execute a deed without the bank's approval, it can trigger the acceleration clause on your loan.

If you or your neighbor is still paying off mortgages on your properties, consult with an attorney before making a lot line agreement. They can help you get the bank's approval for the change.

You'll also have to ensure that any changes comply with local zoning and neighborhood laws. Some communities require lots to be a certain size before they allow animals or extra buildings. Even a small loss of property could create an unanticipated problem. You may need to appear before your town's planning commission or governing board to get your lot line adjustment approved.

After signing the deed, file it with the county land records office. This office, which is sometimes called the County Recorder's Office or the Land Registry Office, will file the deed and make it available for public viewing upon request. The filing gives notice to any future purchaser of the land of the new, agreed-upon property boundaries.

What Are the Rules for Fences on the Property Line?

Fences are often built right on top of property boundary lines. When this is the case, homeowners on both sides of the boundary are responsible for upkeep. State laws dictate other details about boundary fences.

What Is Encroachment?

Encroachment occurs when your neighbor intrudes on your land with a structure, such as a fence or a shed. If you think your neighbor is starting to use your land, even if it's something inconspicuous like installing a drainage pipe that crosses the property line or building a fence a few inches over the boundary, it's important to address it. Even if you personally don't mind the encroachment.

An encroachment that seems small may have unforeseen consequences. For instance, let's say your neighbor builds a fence or a new driveway that comes onto your property by a few inches. This may be enough for a title company to refuse to issue insurance when you sell your house.

Also, many states have laws that allow a person who uses another's land for a long enough time to gain legal rights to it. In some cases, they gain ownership of that land through adverse possession.

What Remedies Do I Have if My Neighbor Starts To Encroach on My Property?

As with most situations, the best option is to start talking with your neighbor as soon as you notice the encroachment. The neighbor may have made a simple mistake and will correct it. Document this conversation in writing and have it signed by both parties.

If your neighbor does not want to cooperate, you have a few options, including:

• Hiring a surveyor to come out and place new property line markers
• Filing a complaint with the local zoning authority
• Sending a formal cease and desist letter
• Filing a trespass lawsuit

You can file a legal action, such as an injunction, to stop your neighbor’s encroachment. You can also request a court order for the removal of the structures that encroach on your property boundaries. In some cases, you can also seek monetary damages.

If things reach this stage, a real estate attorney can be an extremely valuable resource. They can draft a written warning to send to your neighbor, help you file a complaint with the local zoning authority, and represent you if you end up in court.

Have More Questions About Property Boundaries? Ask a Lawyer

Property disputes can get heated quickly. The best way to keep a dispute from getting out of hand is to understand your property rights. Whether concerning easements, property surveys, property deeds, or home improvements, property owners should be aware of relevant laws. And work with an advocate who is well-versed in these types of disputes.

Contact a skilled real estate lawyer near you to discuss your situation and learn how they can help resolve your matter decisively.