Skip to main content
Property disputes arise when owners disagree about boundaries, access, use, or interference with their land. These conflicts can simmer for years or escalate quickly, affecting property value and quality of life. Understanding common disputes and resolution options helps owners protect their interests.

​
Boundary Disputes

  • Fences built in wrong location
  • Surveys show different boundary than assumed
  • Neighbors disagree about property line
  • Structures or landscaping cross boundary
  • Legal description doesn’t match physical markers
Professional survey determines actual boundary location. Licensed surveyors research deeds and physically mark property lines.Cost typically $300 - $800 for residential lots. More for large or complex parcels.Survey provides legal documentation if dispute escalates.
  • Negotiate: Agree on boundary with neighbor, formalize with boundary line agreement
  • Adjust: One party purchases strip of land from other
  • Quiet title action: Court determines ownership
  • Accept encroachment: Grant easement for existing structure

​
Encroachments

An encroachment occurs when a structure, fence, or landscaping crosses onto neighboring property.
  • Fences built over property line
  • Driveways extending onto neighbor’s land
  • Tree branches or roots crossing boundary
  • Building eaves, gutters, or foundations
  • Sheds or outbuildings
Often discovered during sale when buyer orders survey or title search reveals issues. May also arise when neighbor builds or improves property.
  • Remove: Encroaching party removes structure (required if minor and recently built)
  • Purchase: Encroaching party buys affected land
  • Easement: Property owner grants easement allowing encroachment to remain
  • Do nothing: Risky; may lead to adverse possession claim over time
Ignoring encroachments can create bigger problems. In some states, long-term encroachments can lead to adverse possession claims where the encroaching party gains legal ownership of the land.

​
Easements

An easement grants someone the right to use another person’s land for a specific purpose.
  • Utility easements: Allow utility companies to install and maintain lines
  • Access easements: Grant right to cross property (often for landlocked parcels)
  • Drainage easements: Allow water flow across property
  • Conservation easements: Restrict development to protect natural resources
  • Prescriptive easements: Acquired through long-term open use without permission
  • Express grant: Written agreement between parties
  • Reservation: Previous owner keeps right when selling
  • Necessity: Court grants access to landlocked property
  • Prescription: Long-term use (typically 10-20 years) creates legal right
  • Implication: Circumstances suggest easement was intended
Common conflicts include:
  • Scope of use (what’s allowed under easement)
  • Maintenance responsibility
  • Interference with easement rights
  • Attempts to expand easement beyond original purpose
  • Blocking or limiting access
Easements can end by:
  • Written release from easement holder
  • Merger (same person owns both properties)
  • Abandonment (non-use plus intent to abandon)
  • Expiration (if time-limited)
  • Court order
Most easements run with the land indefinitely.

​
Tree and Vegetation Disputes

Property owners generally can trim branches that cross onto their property, up to the property line.Cannot trespass to trim. Cannot damage tree’s health. Check local regulations before cutting.
Tree roots crossing boundary and causing damage (cracked foundations, lifted sidewalks) can create liability for tree owner in some jurisdictions.Rules vary by state. Some place responsibility on affected property owner.
If healthy tree falls due to storm, tree owner typically not liable. If tree was dead, diseased, or obviously hazardous, owner may be responsible for damage.Document tree conditions and notify neighbor in writing if concerned about hazardous tree.
Generally no right to a view unless protected by easement, CC&Rs, or local ordinance. Some communities have view protection rules.

​
Adverse Possession

Adverse possession allows someone to gain legal ownership of land they’ve occupied without permission for an extended period.
Possession must be:
  • Actual: Physical use of the land
  • Open and notorious: Visible, not hidden
  • Exclusive: Not shared with true owner
  • Hostile: Without owner’s permission
  • Continuous: Uninterrupted for statutory period
Time period varies by state (5-20 years typically).
  • Fence built on wrong side of property line for decades
  • Neighbor maintains and uses strip of land for years
  • Driveway crosses onto adjacent property long-term
  • Know your boundaries (get survey)
  • Inspect property regularly
  • Address encroachments promptly
  • Grant written permission (defeats “hostile” requirement)
  • Post “no trespassing” signs

​
Neighbor Nuisances

Unreasonable interference with use and enjoyment of property:
  • Excessive noise
  • Odors
  • Light pollution
  • Smoke or dust
  • Drainage problems caused by neighbor
  • Dangerous conditions
Private nuisance: Affects specific neighboring properties. Individual property owner brings claim.Public nuisance: Affects community at large. Government typically addresses.
  • Document the nuisance (photos, video, logs)
  • Communicate with neighbor directly
  • Contact HOA if applicable
  • Report to code enforcement or police
  • Mediation
  • Lawsuit for injunction or damages

​
Dispute Resolution Options

Talk to neighbor first. Many disputes result from misunderstanding. Written agreement can formalize resolution.Best for: Minor issues, good neighbor relationships, simple solutions.
Neutral third party helps reach agreement. Non-binding unless parties sign settlement.Many communities offer low-cost neighbor mediation. Less adversarial than court.Best for: Moderate disputes, ongoing neighbor relationships, both parties willing to compromise.
If both properties in same HOA, association may address certain disputes (noise, appearance, rule violations).Limited to matters covered by CC&Rs.
Report violations of local ordinances (noise, property maintenance, zoning) to city or county.Government investigates and may cite violator. Does not resolve private disputes.
Court action for boundary disputes, easements, nuisance, or trespass.Options include quiet title action, injunction, or damages.Expensive and time-consuming. May permanently damage neighbor relations. Use as last resort.

​
Protecting Your Interests

Preventing disputes:
  • Get survey before building fences or structures
  • Review title report for easements and encumbrances
  • Know your property boundaries
  • Document property condition when you buy
  • Address issues early before they escalate
During disputes:
  • Document everything (dates, photos, communications)
  • Communicate in writing
  • Remain calm and professional
  • Consult attorney before major actions
  • Consider long-term relationship with neighbor

​
Impact on Property Sales

Unresolved disputes can complicate sales:
  • Title companies may require resolution before closing
  • Buyers may demand price reduction or walk away
  • Disclosure required in most states
  • Survey revealing encroachments can delay closing
  • Ongoing litigation must be disclosed
Resolve disputes before listing when possible. Disclose known issues honestly.

Next: LLCs and Business Structures

Holding property in business entities

Find Real Estate Attorneys

Research attorneys experienced in property disputes