Boundary disputes between neighbors can arise for many different reasons. In some cases, boundary issues begin with inaccurate information during a real estate transaction. Property owners frequently describe parcel boundaries using landmarks, such as trees, fence posts or landscaping boulders.
The people purchasing real property tend to assume that the seller understands where the boundary falls and can provide them with accurate information. They may then plan their use and development of the property based on an inaccurate assumption about the placement of the boundary.
They may eventually violate their neighbor’s property by building over the boundary line. The neighbor facing that infringement may need to take prompt action to protect their parcel.
Long-term violations can affect property rights
Confusion about boundary placement can lead to inappropriate property development. A neighbor might put a driveway in a location that infringes on someone else’s land. If the owner who loses access to a portion of their parcel doesn’t take timely action, they could be at risk of losing some of their property.
Under adverse possession rules, someone who has openly used land belonging to someone else for 15 years or longer can potentially become the legal owner of that property. The actual owner could lose their interest in that section of their property if they don’t assert themselves. Particularly when one neighbor seems intent on erecting permanent improvements over the boundary line, taking legal action may be necessary.
Going to court to enforce a property boundary can protect owners from future adverse possession claims. Those who have invested in real estate often need to be assertive about protecting that investment. If a neighbor won’t stop violating the boundary line or builds over it, legal action may be necessary.
