Common Property Line Disputes and How Courts Typically Rule

Encroachment Disputes: When Improvements Cross Boundaries

Encroachment disputes occur when structures, landscaping, driveways, or other improvements extend across property lines. These cases present courts with challenging decisions balancing strict property rights against practical considerations of existing improvements and equitable use.

Minor Encroachments (Under 2 Feet)

Courts increasingly apply a "balancing test" for minor encroachments, weighing factors including: - The degree of encroachment relative to property size - Whether the encroachment was intentional or inadvertent - The cost of removal versus the harm to the property owner - How long the encroachment has existed - Whether removal would cause disproportionate hardship

In Miller v. Johnson (Oregon Appeals Court, 2023), the court refused to order removal of a garage that encroached 18 inches onto the neighbor's property, instead requiring payment of fair market value for the encroached land plus 20% additional compensation. The court noted that the $45,000 cost of garage removal was disproportionate to the minimal harm caused by the encroachment.

Major Encroachments (Over 2 Feet)

Substantial encroachments typically result in removal orders, although courts may allow the encroaching party to purchase the affected land if both parties agree. The encroaching party bears the burden of proving that removal would cause undue hardship.

Building in Wrong Location

When contractors build improvements in the wrong location due to survey errors or miscommunication, courts generally require the property owner (not the contractor) to address the encroachment. However, the property owner may have legal recourse against the contractor or surveyor for professional negligence.

Survey Discrepancies and Conflicting Evidence

Modern surveying technology has revealed discrepancies in older surveys, creating disputes when different surveys show different boundary locations. Courts approach this by examining the reliability and methodology of each survey.

Factors Courts Consider in Survey Disputes: - Surveyor Qualifications: Licensed surveyors' work receives more weight than unlicensed measurements - Survey Methodology: Surveys that tie into government section markers are preferred over those based solely on deed descriptions - Date of Survey: More recent surveys using modern GPS technology may be more accurate than older surveys - Multiple Survey Agreement: When multiple independent surveys reach similar conclusions, courts give significant weight to this consensus

Boundary by Agreement and Acquiescence

When property owners have treated a particular line as their boundary for an extended period, courts may recognize this as the legal boundary even if it differs from deed descriptions. This doctrine requires: Uncertainty: There must have been genuine uncertainty about the boundary location Agreement: The parties must have agreed (explicitly or implicitly) on a boundary line Marking: The agreed boundary must be marked by fence, monuments, or other indicators Acquiescence: Both parties must have accepted and respected the line for the statutory period (typically 7-20 years depending on state)

In Davis v. Chen (California Supreme Court, 2024), the court established a fence line as the legal boundary even though surveys showed it was 3 feet off the deed line, because both families had maintained the fence and respected it as their boundary for over 15 years.

Adverse Possession Claims: When Neighbors Claim Your Land

Adverse possession allows someone to gain legal ownership of land through long-term, open use without the owner's permission. While requirements vary by state, most jurisdictions require:

Open and Notorious Use: The use must be visible and obvious to any reasonable property owner Actual Possession: Physical occupation and use of the property Exclusive Use: The adverse possessor cannot share control with the true owner Hostile Use: Use without the owner's permission (note: this doesn't require ill intent) Continuous Use: Uninterrupted use for the full statutory period Statutory Period: Ranging from 5 years (California) to 30 years (Louisiana) Common Adverse Possession Scenarios: - Neighbors maintaining gardens or lawns beyond their actual property line - Use of driveways or parking areas that cross property boundaries - Storage of equipment or materials on neighboring property - Maintenance of fences or structures on someone else's land

Defending Against Adverse Possession

Property owners can defeat adverse possession claims by: - Granting Permission: Giving explicit permission for the use (even retroactively in some states) - Interrupting Use: Taking action to stop the adverse use before the statutory period expires - Filing Suit: Bringing a legal action to establish boundaries and stop encroachment - Recording Notice: In some states, recording a notice of the true boundary can interrupt adverse possession claims