Property Line and Fence Disputes: Get a Survey First

Few disputes feel as personal as a fight with a neighbor over where one yard ends and the other begins. It might start with a new fence, a driveway that seems to cross over, a tree, or a shed. Feelings run high because you see each other every day. The good news is that many boundary disputes can be cleared up with facts. The most important fact is usually where the legal property line actually is, and that is a job for a licensed surveyor.

Why a survey matters

Fences, hedges, and old markers are not always on the property line. A fence may have been put up years ago in the wrong place, or placed a little inside the line on purpose. Online map tools and tax maps are useful for a general picture, but they are not meant to show exact boundaries.

A land survey is done by a licensed land surveyor. The surveyor reviews deeds and records, measures the land, and locates or sets boundary markers. The result is a document that shows where the lines are according to the legal description. In many disputes, a survey is the first piece of real evidence either side has.

Surveyors are licensed by the states. Ask any surveyor you hire whether they are licensed in your state, and check with your state's licensing board if you can.

What to gather before you call anyone

Collect what you already have. Useful records often include:

• Your deed, which contains the legal description of your property
• Any survey or plat you received when you bought the home
• Title insurance papers from your purchase
• Photos of the fence, markers, or the area in dispute, with dates
• Any written agreements with the current or former neighbor
• Letters, emails, or texts about the dispute

Deeds and many plats are recorded with the county. If you do not have a copy, the county office that keeps land records can usually tell you how to get one. Your local government contacts can help you find the right county office.

Talk to your neighbor first, if you can

Before things escalate, a calm conversation may help. Share what you know and suggest that you both rely on a survey rather than guesses. Some neighbors agree to split the cost of a survey. If the survey shows a problem, you may be able to agree on a fix, such as moving the fence or signing a written agreement.

Put any agreement in writing. An informal promise may not bind a future owner of either property. A lawyer can explain how to document an agreement so it is clear and, where needed, recorded with the county.

Check local rules before building

If the dispute is about a new fence, check local rules before you build or move one. Many cities and counties have rules on fence height, location, and permits. Some neighborhoods also have HOA rules. Your city or county office can explain what applies. Building to the line without knowing exactly where it is can lead to costly do-overs.

When the dispute is about time and use

Sometimes one neighbor has used a strip of land for a long time, such as with a fence, garden, or driveway. In some situations, long use can affect legal rights to land under doctrines such as adverse possession or easements. The requirements vary by state and can be strict. If long use is part of your dispute, talk with a lawyer. Our guides on legal topics explain related basics in general terms.

Title insurance may matter

If you bought title insurance, read the policy. Some boundary problems may be covered, and some are excluded. Contact the title company in writing and ask whether the issue may be covered. Keep a copy of your letter and their answer.

When a lawyer can help

Many boundary questions are settled with a survey and a conversation. A lawyer can help when:

• Your neighbor will not accept the survey
• Someone has built a fence, driveway, or structure that appears to cross the line
• The dispute involves long use of land, an easement, or a right of way
• You are buying or selling, and the issue may affect the sale
• You have received a letter from a lawyer or court papers

A real estate lawyer can review the deeds, survey, and title papers and explain your options, which may include a written agreement, a boundary line agreement recorded with the county, or a court case. Boundary disputes are usually decided under state law and in state courts. The USAGov courts page explains that you may find county or municipal courts for your area through your state court website.

Ask how the lawyer charges, whether hourly or a flat fee for a specific task, and get the terms in writing.

Free and low-cost help

The USAGov legal aid page lists free and low-cost legal help, and it notes that civil law help may cover issues such as property damage. Programs like the Legal Services Corporation and LawHelp.org can point you to local options.

Frequently asked questions

Is my fence on the property line?

Not necessarily. Fences are often a little off the line. A survey by a licensed land surveyor is the usual way to find out.

Can I use online maps to settle a boundary dispute?

Online and tax maps are helpful for a general view, but they are not a substitute for a survey.

Who pays for a survey?

Usually the person who orders it. Some neighbors agree to share the cost. Put any agreement in writing.

When should I call a lawyer?

If the neighbor rejects the survey, a structure crosses the line, long use of land is involved, or you receive legal papers.

Related: Browse guides on legal topics and real estate lawyers.

General information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.