What To Do If You're Involved In A Property Dispute

Are you and your neighbor in a property dispute? Well, you’re not alone. It’s not uncommon for landowners to get into disputes with their close neighbors, even if they’re usually friendly with each other. 

There are times when a deed description is inaccurate. In some cases, someone may have overestimated the extent of their land and built a fence past where their property line is. There may even be multiple unrecorded deeds conveying the property to different people. 

Regardless of the issue, you’re going to have to take some sort of action in order to resolve more serious property disputes.

Here is some advice on what to do: 

Before you take any sort of action, make sure you understand the facts in relationship to the property. Nothing will be resolved until all of the facts are made clear. 

Boundary descriptions in someone’s deed or arrangements can be very confusing between previous owners that weren’t mentioned when you purchased your home. You and your neighbor may both have legitimate reasons for your sides in the dispute. 

There’s also a minor chance that a previous owner granted an easement to their neighbor or given their neighbor the deed. This situation would most likely be brought up if you bought a title insurance policy covering your property. However, it’s possible that an easement on your property exists without your even knowing. 

You’ll need to get analysis from a licensed surveyor who can determine whether you or your neighbor is encroaching on the other’s land. The surveyor will also determine how much land is being encroached on, how long this has been happening, and whether or not permission was given. 

You may need to have a survey, appraisal, and full title search completed. In a survey, a licensed surveyor will locate the boundary of your land to determine if your boundaries are where you think they are. The title search will find every document related to your property, while the appraisal will tell you the market value of the property. 

Some of this may have been done when you bought the property; in which case you can use the resulting documents. However, if you go to trial, you’ll need to get these searches redone. 

Talk To Your Neighbor

If the area and value of land are small, you may find it easier to fix the issue by mutual agreement as opposed to going to court. You don’t want to spend more on litigation than what the land is worth. Even if you’re sure the law is going to favor your side, it may be better to avoid court altogether. 



This works best when you and your neighbor have a good relationship with each other. If you are both friendly around each other, you may be able to resolve the dispute without the need of going to court, and it’s possible you’ll both see it as just a misunderstanding. 

Get An Attorney

Even though it would be easier to avoid going to court, not all property boundary disputes can be resolved without some sort of legal action. If talking with your neighbor has not given a resolution that both of you can agree on, it’s time to get an attorney. 

Send A Demand Letter

A demand letter from your attorney to your neighbor is the next step toward proceeding to court. This letter will explain the situation, request action, and/or contain an offer to settle, such as a compromise to divide the property at issue. 

Your neighbor will most likely send your letter on to his or her attorney. This doesn’t mean they aren’t willing to negotiate, just that your neighbor wants to know everything they can about the situation and their options. 

File A Complaint

If you’re still unable to come to an agreement with your neighbor, you can file a complaint. Consider a “quiet file,” which means you ask the court to consider all of your evidence and arguments and decide who owns the land. 

Preparing for litigation will require a lot of paperwork. You may need to do some more research as well, although your attorney will already have most of the information needed at this point. Costs can add up quickly. 

If possible, try to keep all relationships civil. Most disputes can be settled without the need of a trial, so proceed with settlement in mind even as you remain prepared for a possible legal battle. 

Consider mediation as a way to reach a settlement. If you find a mediator who is experienced in real estate matters, they will be able to guide the discussion and provide insight into possible outcomes if your case went to trial. 

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