🏡 What Is a Survey Boundary Dispute in Real Estate?

A survey boundary dispute is a disagreement between neighboring property owners about the true location of a property line. Disputes often arise when surveys conflict, fences or structures cross boundaries, or deed descriptions are unclear or outdated.

How a Survey Boundary Dispute Happens

Boundary disputes occur when physical property markers, legal descriptions, or survey results do not match what owners believe or historically assumed. Common triggers include new surveys, fence installation, land improvements, or attempts to build near the property line.

Common causes of boundary disputes:

  • Conflicting surveys performed at different times or with different methods
  • Encroachments such as fences, sheds, driveways, or landscaping crossing the line
  • Unclear deed descriptions or outdated plats
  • Missing survey markers or monuments that have shifted over time
  • Easement misunderstandings (driveway, access, utilities)
  • Adverse possession or long-term use that conflicts with recorded boundaries

Disputes often require new surveys, title research, and sometimes legal action to resolve.

Why Survey Boundary Disputes Matter

For Homeowners:

  • Can delay construction, fencing, landscaping, or additions
  • May require removing or relocating encroaching structures
  • Often affects neighbor relationships and long-term property use

For Buyers:

  • A survey dispute can stall or cancel a real estate closing
  • Might reveal clouds on title or undisclosed encroachments
  • Could lead to costly legal or boundary correction work

For Sellers:

  • Boundary issues may decrease marketability
  • Buyers may demand repairs, compensation, or title cleanup
  • Title insurers may refuse coverage until resolved

Examples of Survey Boundary Disputes

  • A new survey shows a neighbor’s fence is built 2 feet over the property line.
  • A shed or driveway crosses onto adjoining land without permission.
  • One survey shows a boundary tree on one property, but another survey places it on the neighbor’s land.
  • A buyer discovers conflicting plat maps while preparing for closing.
  • A deed uses vague descriptions like “to the old oak tree,” causing modern discrepancies.

Boundary disputes often require professional surveying, negotiation, or legal correction.

Why Boundary Disputes Matter for FSBO Sellers

FSBO sellers should address boundary issues early, as they can disrupt or prevent a sale.

  • Buyers may require a new survey before closing.
  • Title insurance may exclude disputed areas until resolved.
  • Encroachments must often be disclosed under state property laws.
  • A clean boundary line improves buyer confidence and appraisal accuracy.
  • Useful when listing via Flat Fee MLS.

Frequently Asked Questions

Who resolves a boundary dispute?
Licensed surveyors, title companies, attorneys, or courts may be involved depending on the dispute's complexity.

Can a boundary dispute stop a home sale?
Yes. Most lenders and title insurers will not proceed until the dispute is resolved or insured.

Can two neighbors agree on a boundary?
Yes. Many states allow a boundary line agreement, which becomes legally binding when recorded.

Does title insurance cover boundary disputes?
Often no. Many policies exclude boundary or encroachment issues unless separately insured.