How to handle boundary disputes: a legal framework

Introduction

Boundary disputes are a common issue in real estate, often leading to prolonged conflicts between property owners. Such disputes can arise from unclear deed descriptions, misplaced or misunderstood boundary lines, and changes over time that cause previous agreements to be questioned. Here is a structured approach to resolving these conflicts, using a legal framework that promotes clarity and fairness.

Understanding the origins of boundary disputes

Boundary disputes typically begin when property owners have conflicting views or evidence about where the physical limits of their properties are located. These disputes can be triggered by new property developments, alterations in land use, or the sale of a parcel of land. Often, the root of the problem lies in inadequate or outdated property surveys, vague legal descriptions in deeds, or historical usage practices that contradict current property records.

To effectively address a boundary dispute, it’s crucial to first establish the source of the discrepancy. This involves gathering all relevant property documents, such as deeds, surveys, and maps. Property owners should also review any previous agreements or communications with neighboring property owners regarding boundary lines.

Legal steps to resolve boundary disputes

1. Review and Analyze Documentation: Start by examining the deed of your property, focusing on the description section, which outlines the boundary lines. Comparing this with current and historical surveys conducted by licensed surveyors can provide clarity and identify any discrepancies over time.
2. Hire a Professional Surveyor: If the documents do not resolve the conflict, hiring a Maryland-licensed professional land surveyor is the next step. The surveyor will measure the property using the legal description in the deed and modern GPS technology to determine the boundaries accurately. The survey can serve as strong evidence in legal proceedings.
3. Seek Mediation: Before moving to litigation, consider mediation. Mediation involves a neutral third party helping the disputing neighbors reach a mutually agreeable solution. This process is less adversarial and can preserve a good relationship between neighbors.
4. Legal Action: If mediation fails, legal action may be necessary. This usually means filing a lawsuit in the circuit court for the county where the property is, where a judge rules based on the evidence presented. Legal proceedings can be lengthy and expensive, so they should be a last resort.
5. Agreeing on a Practical Solution: Sometimes, practical solutions like agreeing to a new boundary line that differs from the surveyed line (through a boundary line agreement) can resolve disputes amicably. Such agreements should be put in writing and recorded in the county land records, which in Maryland are kept by the Clerk of the Circuit Court.

Preventing future boundary disputes

To prevent future disputes, property owners should ensure that all property transactions include a professional survey. Regularly updating these surveys and maintaining clear, open lines of communication with neighbors about boundary lines can also prevent misunderstandings. Any agreements about boundary adjustments or maintenance responsibilities should also be put in writing and, ideally, recorded in the land records.

Conclusion

Handling boundary disputes requires a careful legal approach combined with professional assessments and, if possible, neighborly cooperation. By understanding the legal frameworks involved and considering all available resolution methods, property owners can effectively manage these disputes and maintain peaceful coexistence with their neighbors. Remember, advice from a real estate attorney is invaluable in navigating the complexities of a boundary dispute.

Boundary disputes in Maryland: common questions

What usually causes a boundary dispute?

Most start when neighbors have conflicting evidence about where one property ends and the next begins. Common causes are vague legal descriptions in deeds, old or inaccurate surveys, changes in how the land is used, and long-standing use of land (a fence, driveway or garden) that does not match the property records.

What should I do first if a neighbor disputes my property line?

Gather your documents first: your deed, any surveys or plats, and any earlier agreements or letters with the neighbor about the line. Compare the legal description in your deed with the surveys. If the papers do not settle it, hire a Maryland-licensed professional land surveyor to measure the property from the deed description.

Do we have to go to court to settle a boundary dispute?

Not usually. In mediation, a neutral third party helps the neighbors reach an agreement, which is often faster, cheaper and less adversarial than a lawsuit. A court case, where a judge decides the line from the evidence, is best kept as a last resort because it can be lengthy and expensive.

How do we make a boundary line agreement official in Maryland?

Put the agreement in writing, describe the agreed line clearly (usually from a new survey), and have it signed and notarized; a real estate attorney can prepare it. Then record it in the land records of the county where the property is. In Maryland, land records are kept by the Clerk of the Circuit Court in each county and in Baltimore City; for a home in Glen Burnie, that is Anne Arundel County. Once recorded, the agreement shows up in future title searches, so later buyers and lenders can see it.

How can I avoid a boundary dispute when I buy a home?

Get a professional survey as part of the purchase, keep it with your deed, and talk to your neighbors before building a fence or addition near the line. Many owner’s title insurance policies list an exception for problems that only an accurate survey would show, so a survey can also help you get fuller coverage. An owner’s policy is optional in Maryland, and its premium is paid once, at settlement. Read why title insurance matters and work through our Buyer’s checklist before settlement.