Boundary disputes arise from ambiguous deed descriptions, conflicting surveys, longstanding fences differing from record lines, and encroaching improvements. Doctrines including acquiescence, agreed boundary, and estoppel may fix a line differing from the deed.
Survey evidence is central.
Alternative Names:
Property Line Dispute, Boundary Line Dispute
Why it Matters?
Boundary by acquiescence can establish a line contrary to the recorded description where adjoining owners treated a fence or marker as the boundary for the statutory period, which surprises parties relying on their deed. The elements typically require a definite visible line, mutual recognition, and the passage of the limitations period. Conflicting surveys are common and resolving them requires examining the monuments and calls each surveyor relied upon.
Frequently Confused with
Related terms
Frequently asked questions
Can a fence establish a boundary contrary to the deed?
How are conflicting surveys resolved?
