Civil litigation can help resolve a boundary dispute
On Behalf of Marcus, Gould & Sussman, LLP | Sep 9, 2025 | Real Estate |
Neighbors usually try to keep things amicable. They wave at one another across the fence and try to be respectful to one another. However, disputes between neighbors can lead to tense circumstances and even declining property values.
A boundary dispute between neighbors could lead to delays in critical home improvement projects or unfairly deprive one neighbor of part of their parcel. If neighbors cannot resolve a disagreement about property boundaries amicably, then the matter may require the intervention of a judge.
How can civil litigation potentially help to resolve a boundary dispute?
By clarifying the boundary
Judges can review details such as contradictory legal descriptions to determine which neighbor is correct regarding the placement of the boundary. They may refer to reports from surveyors in addition to the legal descriptions attached to property deeds. A judge can potentially settle the dispute and even order the update of title records to prevent future conflicts related to the same boundary.
By preventing inappropriate projects
Boundary disputes often come to a head when one neighbor plans a project that crosses the boundary between two parcels. A judge can issue an injunction preventing a project from occurring.
In scenarios where one neighbor clearly crossed the boundary, a judge can hold them accountable for infringing on the property rights of the neighbor. They can order one neighbor to remove improvements that cross the boundary line at their own expense.
A lawsuit may be the best option when a neighbor violates a boundary routinely or intends to build over a boundary. Understanding how civil litigation can help resolve real estate disputes, including boundary disagreements, can help people protect their most valuable assets.
Of course, litigation is generally extremely costly and difficult (for all parties). It should be a last resort and should be carefully considered before going that route. Getting into a battle with your neighbors is painful and difficult.
