Boundary disputes are a common yet complex issue in property ownership. Whether between neighbors, businesses, or even municipalities, disagreements over property lines can lead to costly legal battles, strained relationships, and significant project delays.
Licensed land surveyors play a crucial role in resolving these disputes by providing accurate and legally recognized property boundary determinations. This blog will explore the causes of boundary disputes, the necessity of a land surveyor, their role in the resolution process, and the potential outcomes of their involvement.
Common Causes of Boundary Disputes
Boundary disputes arise for several reasons, often due to unclear or outdated property records. Some of the most common causes include:
- Misinterpreted Deeds and Plats – Property deeds and plats (maps of land divisions) may contain vague or outdated descriptions that lead to conflicting interpretations or definitions of boundary lines.
- Encroachments – Structures such as fences, driveways, or even buildings that extend onto a neighboring property can create disputes over land ownership.
- Changes in Land Use – When a property changes hands or its use is altered (e.g., from residential to commercial), new owners may question previous boundary assumptions.
- Natural Changes – Shifting rivers shifting, growing trees , or erosion altering landscapes can cause boundaries to move over time, leading to disagreements.
- Surveying Errors or Omissions – Previous surveys that were inaccurate, improperly recorded, or never conducted can result in contested property lines.
Why a Land Surveyor is Essential in Boundary Disputes
In any boundary dispute, factual data is the most powerful tool for resolution. Licensed land surveyors provide the expertise needed to determine precise property lines based on official records and modern surveying techniques.
Their work not only clarifies ownership rights but also serves as legally admissible evidence should the dispute escalate to court.
In additional to factually accurate date, land surveyors offer:
- Neutrality: Land surveyors are trained to be unbiased and objective. They are not there to take sides in boundary disputes, but only to provide data.
- Professional review: Land surveyors have the knowledge and ability to review historical records, fieldwork data, and existing markers to define property characteristics that will come in handy during a boundary survey.
- Legal documentation: If a dispute heads to court, land surveys completed by a licensed surveyor are considered legal documents and can be used to resolve disputes.
Without a professional boundary survey, property owners may rely on assumptions, outdated records, or informal agreements that can complicate disputes rather than resolve them. A land surveyor’s findings provide an unbiased, legally sound resolution that fosters fair settlements.
The Role of a Land Surveyor in Resolving Disputes
When hired to address a boundary dispute, land surveyors follow a systematic process to determine the rightful property lines:
- Research Property Records – A surveyor begins by reviewing deeds, previous surveys, and government land records to gather historical property data.
- Conduct a Boundary Survey – Using advanced surveying tools such as GPS technology, laser scanning, and total stations, surveyors measure and map the property to determine the correct boundaries.
- Analyze Overlapping Claims – In cases where multiple records conflict, a surveyor interprets legal documents and applies professional judgment to resolve discrepancies.
- Stake the Property Lines – Once the survey is complete, the surveyor marks boundary lines physically on-site so property owners can see the precise division.
- Provide a Survey Report – A formal report and updated boundary map are created, documenting the findings with precise legal descriptions.
- Expert Testimony (if necessary) – If the dispute proceeds to litigation, land surveyors may serve as expert witnesses, explaining their methodology and findings in court.
In some states, parties can reach a boundary line agreement to help resolve conflict. A boundary line survey is a legally-binding document that resolves disputes between neighboring property owners by clearly defining and establishing enforceable property boundaries.
The agreement is signed by all parties involved and delineates property lines which avoid future conflicts and assures compliance with local and state zoning and building codes.
What to Expect from a Land Survey in a Boundary Dispute
Engaging a land surveyor in a boundary dispute can lead to several positive outcomes:
- Clarification of Property Ownership – A clear, objective, and professionally determined boundary eliminates confusion and provides a definitive resolution.
- Prevention of Legal Battles – Many disputes are resolved amicably once an authoritative survey clarifies the property lines, avoiding costly court cases.
- Legal Protection – If a dispute escalates, a surveyor’s accurate report serves as strong legally-recognized evidence in court, supporting the claims of property owners.
- Future Development Confidence – Whether building a new structure or selling land, an accurate boundary survey ensures no future disputes arise.
Conclusion
Boundary disputes are stressful and, often, financially draining, but land surveyors offer the expertise needed to resolve them efficiently. By conducting thorough research, performing precise measurements, and providing legally sound documentation, surveyors help property owners settle disagreements with confidence.
Whether avoiding litigation, ensuring accurate property lines, or facilitating land transactions, licensed land surveyors play a pivotal role in maintaining property integrity and ownership clarity. Investing in a professional survey not only resolves present conflicts but also prevents future disputes, making it an essential step in property ownership and development.
Trust McKissock for Your Land Surveyor CE
Land surveyors must stay up to date on boundary disputes and how to address them. At McKissock Learning, we offer comprehensive land surveyor continuing education courses to help ensure land surveyors continue to expand their expertise, including on boundary disputes with our Boundary Disputes – A Surveyor’s Perspective course.
