Surveying Articles

Land boundary disputes are a classic headache in our profession. Whether you’ve been surveying for three decades or just three months, you know that property lines don’t always match the neighbor’s fence—or the client’s expectations.

We’ve all gotten that call: “My neighbor put up a shed on my land! Can you prove it?” And while our instinct may be to grab the total station and head out the door, boundary disputes are rarely just about measurements. They’re often wrapped up in emotions, legal gray areas, and decades-old deeds.

In this article, we’re going to break down the top five most common causes of land boundary disputes, explain how they usually play out, and give you insight into how surveyors can act as both problem-solvers and legal safety nets. Whether you’re training a new field crew or stepping into expert witness work, understanding the root causes helps you better protect your clients—and your license.

1. Overlapping Deeds and Legal Descriptions

This one’s a classic.

When two neighboring properties have deeds that describe overlapping areas—or gaps—between their respective boundaries, you’ve got the recipe for a land boundary dispute. These overlaps usually stem from vague or conflicting legal descriptions, often written decades (or centuries) ago, without the benefit of modern surveying tools.

Example:

In parts of New England, metes and bounds descriptions from the 1800s are still in play. A deed might read:
"Starting at the old oak tree, thence running east to the creek…"

Well, the “old oak tree” is now someone’s patio, and the creek changed course 70 years ago. Suddenly, two neighbors both think they own a 10-foot strip of land along the property line.

Surveyor’s Role:

• Conduct a comprehensive record search, not just the client’s deed but adjoining parcels.

• Use retracement principles to determine the original intent of the boundary location.

• Produce a clear plat with supporting narrative, showing both current and record-based evidence.

⚠️ Tip: Always document your sources. Judges and title insurers want a surveyor who can explain the "why," not just the "where."

2. Encroachments Due to Physical Improvements

Sometimes it’s a driveway. Other times it’s a garage, fence, or even an in-ground pool. Encroachments are one of the most visible and contentious causes of boundary disputes. Often, they come to light during pre-sale surveys or mortgage inspections, triggering panic on both sides of the property line.

Where It Goes Wrong:

• A homeowner builds a fence 2 feet over the property line—either due to bad assumptions or because “that’s where the old fence was.”

• The neighbor eventually has a survey done (usually after a sale or planned improvement) and finds the error.

• Tensions rise, and the dispute spirals into threats, legal action, or municipal complaints.

Common in:

• Urban infill neighborhoods (e.g., Chicago, Los Angeles) with narrow lots and decades of undocumented improvements.

• Rural areas with long, unmonitored fencelines.

Surveyor’s Role:

• Measure all improvements as part of your boundary survey, even if the client didn’t ask for it.

• Mark all encroachments clearly on your plat, and include a note if they are in violation of zoning setbacks or easement boundaries.

• Involve a title company or real estate attorney early if litigation seems likely.

🛠️ Field Tip: If you’re using GNSS or laser scanning, document encroachments with imagery or point clouds when possible. It provides defensible evidence later.

3. Unrecorded or Misunderstood Easements

Easements—especially the unrecorded or “prescriptive” types—can throw a major wrench into an otherwise straightforward boundary survey. Often, property owners don’t understand that utility companies, neighbors, or municipalities may have legal rights across their land.

How It Becomes a Dispute:

• A property owner installs a fence or shed across what they believe is their private yard.

• A utility company, neighbor, or the city comes along and says, “You can’t block this access—we’ve got an easement.”

• The property owner disputes the existence or location of the easement, triggering a legal mess.

Real-World Example:

In Texas, prescriptive easements for cattle paths or oilfield access can exist without a single document recorded. The surveyor becomes the messenger—and sometimes the scapegoat—when delivering bad news.

Surveyor’s Role:

• Research thoroughly in public records, especially utility easements, roadways, and private access easements.

• Call out visible evidence of long-term use (e.g., tire ruts, footpaths, pipes).

• Include a strong disclaimer if the easement was not discoverable by public record or not provided by the client or title company.

🧭 Pro Insight: If you suspect a prescriptive easement but lack evidence, note it carefully in the report and refer the client to a land use attorney.

4. Gaps and Gores in Legal Descriptions

These are the invisible killers. A “gap” is land that exists between two deed boundaries that no one has claimed. A “gore” is a sliver of land created when adjacent boundaries don’t meet due to overlapping surveys or vague calls. While these often go unnoticed for decades, they can erupt into massive disputes once someone tries to sell, build, or subdivide.

Hot Zones:

• Southeastern states like Georgia and South Carolina where early land grants and poor record-keeping left fragmented boundaries.

• Western public lands where the PLSS grid doesn’t always align with physical improvements.

How It Shows Up:

• A parcel gets surveyed for the first time in 50 years.

• The surveyor finds a 6-foot-wide strip of unclaimed land between two adjacent properties.

• One or both neighbors try to claim it, and suddenly, it’s a legal land-grab.

Surveyor’s Role:

• Identify and label gaps/gores on plats explicitly. Do not assume ownership.

• Recommend legal resolution through boundary line agreements, quitclaims, or judicial action.

• Stay neutral—surveyors don’t decide ownership, but your report can become Exhibit A in court.

⚖️ Ethical Reminder: Never adjust lines or descriptions to “clean up” a gap unless explicitly directed by a licensed attorney or court.

5. Disputed Boundary Agreements or Oral Understandings

Sometimes, the landowner says one thing, the neighbor says another, and the records say neither. Informal agreements—like “We agreed the big rock was the corner”—can hold sway for decades, especially in rural areas. But when those landowners move or pass away, the next generation may dispute everything.

Where It Comes Up:

• Appalachian states, like Kentucky and West Virginia, where family-owned parcels pass down without formal subdivision or updated deeds.

• Agricultural regions where verbal agreements defined fencelines generations ago.

Legal Danger:

Courts may recognize boundary by acquiescence or oral agreement, but only if consistent and well-documented use can be shown. If you, as a surveyor, ignore these unwritten agreements, you might spark a dispute rather than resolve one.

Surveyor’s Role:

• Interview property owners carefully and document what they say.

• Compare historical aerials, tax maps, and physical evidence with legal descriptions.

• If oral agreements contradict the record, include both scenarios and refer the matter to legal counsel.

📋 Best Practice: Always keep a signed survey authorization form that states your work does not determine legal ownership, especially if you sense conflict.

Bonus: The Surveyor’s Legal and Ethical Responsibilities in Disputes

Boundary disputes often place surveyors under the microscope—by attorneys, title companies, municipal officials, and even the court.

Here’s a checklist to protect yourself while providing expert guidance:

✅ Legal Responsibilities:

• Stay within your scope: Don’t offer legal advice—recommend they consult a land surveyor legal specialist or attorney.

• Be neutral: Present facts, not opinions on ownership.

• Document everything: Field notes, photographs, control points, and client communications may become court evidence.

✅ Ethical Duties:

• Uphold your state board’s standards for retracement and boundary surveys.

• Avoid bias or influence from any one party in a conflict.

• Include appropriate disclaimers on plats regarding easements, encroachments, or unverified boundaries.

📞 When in doubt? Call a boundary law expert or get mentorship from a surveyor experienced in court testimony. The sooner you escalate, the safer you are.

Final Thoughts: You’re Not Just Drawing Lines—You’re Preventing Lawsuits

The truth is, land boundary disputes are less about inches and more about people. Neighbors who’ve lived peacefully for decades can end up in court over a 2-foot flower bed. That’s why your role as a professional surveyor is more important than ever.

By understanding the top causes of land boundary disputes—and learning how to address them confidently and legally—you protect not only your client’s land, but your reputation, your firm, and your license.

Whether you’re training interns or reviewing court cases, always remember: The best time to prevent a boundary dispute was yesterday. The second-best time is when you get called in.