Boundry Dispute? Not Yet.
By Jim Palmer Jr.

 One of the questions for sellers, on the mandated State disclosure statement, asks, “Are there any encroachments, boundary agreements, or boundary disputes?”  The answer to that question is usually a resounding “No”.  The problem with that answer is that it might be premature.  It may be better to have asked if there are any boundary disputes,…yet. 

The reason I say that is because there probably has not been a survey completed on the property. When a buyer requests a survey to be done, it often creates new problems with neighbors who disagree with that survey.  I’ve been known to say that most property owners don’t really know exactly where their boundary lines are, and I’ve been proven right over and over again. 

When bright colored ribbons and new stakes suddenly appear in places that seem different than the neighbor’s perception of the boundary locations, they are usually quick to refute those new markings and a dispute begins.  Buyers should be prepared for such controversy and the fallout that may ensue!

In a recent case, a survey was completed on a listed property and it was discovered that the neighbor’s house was inside the boundaries of the subject property.  This bad news immediately caused a big controversy!  That discovery would be upsetting to any homeowner.   The situation was easily remedied however, by doing a lot line adjustment and trading equal parts of land for equal parts. 

These types of cases don’t always end up so peacefully though!  In another case with a similar encroachment, the offender was legally forced to remove the encroaching shop building at great cost to them, and then they had to live near neighbors whom they hated.

Surveys are not an arbitrary decision by someone who decides to put a couple of stakes in the ground.  A survey is carefully calculated by using the most modern GPS equipment and complex mathematics to permanently mark exactly where any given piece of land is located, based on its legal description. 

This is not up to interpretation like some people think.  Sure, there is always a chance for error, but sophisticated modern tools have made it so surveyors are less likely to be inaccurate.  Angry neighbors have been known to remove new survey pins, not realizing the legal jeopardy they place themselves in by so doing, since it is a crime to remove survey pins.