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How to Tackle Boundary Disputes and Encroachments Before Selling Your Land

Written by

Active Acres Properties LLC

Published on

February 28, 2025

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Selling land isn’t just about listing a property; it’s about ensuring every detail is in order, especially when it comes to legal issues like boundary disputes and encroachments. These issues can complicate the process, delay the sale, and reduce the appeal of the land to potential buyers. Here’s a comprehensive guide to resolving these issues before listing your land for sale.

What Are Boundary Disputes and Encroachments?

When it comes to property lines, misunderstandings are common. A boundary dispute happens when neighbors disagree about where one property ends and another begins. An encroachment is when a structure, fence, or other extension of a property physically intrudes onto the neighboring land without permission. These issues can lead to long, drawn-out legal battles and make selling your land much more challenging.

Why You Should Address These Issues Before Selling

Unresolved boundary issues or encroachments are red flags for buyers. Many people are hesitant to purchase land if there’s any uncertainty about the property’s boundaries. In addition, banks and lenders may not approve financing for properties with legal disputes. As a seller, addressing these concerns early on will save you time and effort, allowing you to attract a wider range of interested buyers.

Steps to Resolve Boundary Disputes and Encroachments

  1. Hire a Professional Land Surveyor
    The first step in resolving a boundary dispute is to hire a licensed land surveyor. A professional survey will accurately define your property lines, which is essential in resolving any disagreements with neighbors and ensuring that your property is clearly marked. This is also an important step if you’re unsure about the exact boundaries of your property.
  2. Review Your Property Documents
    Your property deed and title insurance documents can provide key information about your land’s boundaries and any previous issues. Check for easements, encroachments, or specific clauses that could affect your property lines. This is a good starting point before taking further legal steps.
  3. Communicate with Neighbors
    A friendly conversation with your neighbors can sometimes resolve disputes before they escalate. It’s best to approach the situation calmly and constructively, discussing any potential encroachments or disagreements about property lines. Clear communication can go a long way in finding a solution.
  4. Consult a Real Estate Attorney
    If communication with your neighbors doesn’t resolve the issue, it’s time to bring in a legal expert. A real estate attorney can help you navigate property laws, negotiate settlements, and, if necessary, draft legal agreements to finalize the resolution. They can also offer guidance on how to proceed if mediation or litigation becomes necessary.
  5. Explore Mediation
    If direct negotiations fail, mediation is a great alternative. A neutral third party can help both sides work out an agreement without going to court. Mediation can save time and money while preserving neighborly relationships.
  6. Document Everything
    Once a resolution has been reached, it’s important to document the agreement in writing. This written agreement should be signed by all parties and, if needed, recorded with the local authorities. This provides legal clarity and helps prevent future disputes.

Key Takeaways

  • Proactively addressing boundary disputes and encroachments can improve the marketability of your land and prevent legal complications during the sale process.
  • Hiring professionals, such as land surveyors and attorneys, ensures that disputes are handled accurately and legally.
  • Clear communication and formal written agreements are vital in resolving issues with neighbors.
  • Taking the time to resolve these issues can lead to a smoother, quicker sale.

Key Updates 2025:

More Buyers Now Expect a Recent Survey

In 2025, a majority of land sales now include a current boundary survey as part of the closing process. Nearly 75% of transactions involving vacant land require updated surveys before proceeding (Source: American Land Title Association). Buyers, lenders, and title companies want assurance that no encroachments or legal questions exist. For sellers, this means that presenting a recent, professionally conducted survey can help prevent delays and strengthen buyer confidence.

Outdated Fences May Create Legal Risk

More states now enforce “title by acquiescence,” a legal principle that allows long-standing use of land—like a neighbor’s fence or structure built across the line—to become the new legal boundary if left unchallenged for years. In 2025, at least 16 states recognize this rule in property law (Source: Uniform Law Commission). That’s why sellers are being advised to confirm their true property boundaries before listing, even if there’s been no past conflict with neighbors.

Boundary Issues Are Showing Up More Often

Real estate attorneys have reported a 14% increase in landowners seeking help with boundary problems before selling, compared to just two years ago (Source: American Bar Association, Real Property Division). Most of these issues arise from old surveys, unclear documentation, or minor encroachments that were never formally addressed. Resolving these early—ideally before listing—makes for a much smoother sale process.

Final Thoughts

Boundary disputes and encroachments are serious issues that should be resolved before listing your land for sale. By following the steps outlined above—engaging professionals, communicating with neighbors, and documenting everything—you can ensure a seamless transaction process and increase your chances of selling the property quickly and efficiently. Take the time to address these issues early, and your land sale will go much smoother.

Frequently Asked Questions

  1. Can I sell land with unresolved boundary disputes?
    Technically, you can sell land with unresolved disputes, but it’s not recommended. Legal uncertainties can discourage buyers, and the sale may be delayed.
  2. Why do I need a professional survey?
    A professional survey clearly defines property lines, preventing misunderstandings and disputes. It’s a critical step in protecting your property during the sale process.
  3. What if my neighbor doesn’t want to cooperate in resolving an encroachment?
    If your neighbor refuses to cooperate, a real estate attorney can help explore other solutions, such as mediation or legal action.
  4. Can I sell land with an encroachment?
    Selling land with an encroachment is possible, but it can be problematic. It’s best to resolve the issue before listing to avoid complications.
  5. How can I prevent future boundary disputes?
    Keep an updated survey, maintain good communication with neighbors, and stay informed about local zoning and property laws.

 

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