Property boundary disputes are a frequent and often unexpected issue in real estate transactions. Assumptions based on visible markers - such as fences, walls, or landscaping - do not always align with legal property descriptions. When discrepancies surface late in the transaction, they can result in delayed closings, renegotiations, or termination of the contract.
At Liberty Land Abstract (LLA), we conduct comprehensive title examinations and coordinate closely with surveyors and legal professionals to identify and address boundary issues early in the transaction lifecycle.
What Causes Property Boundary Disputes?
Boundary disputes typically arise from historical inconsistencies rather than intentional misconduct. Common causes include:
- Ambiguous or outdated legal descriptions in recorded deeds
- Survey discrepancies or reliance on obsolete surveys
- Encroachments by adjoining properties creating adverse possession concerns
- Improperly recorded lot line adjustments
- Clerical or recording errors in public land records
Because property descriptions remain legally binding until formally corrected, discrepancies may persist unnoticed for years.
The Role of Property Surveys in Identifying Boundary Issues
A current land survey provides a physical representation of property boundaries as defined by recorded legal descriptions. Licensed surveyors identify encroachments, overlaps, or inconsistencies that may not be apparent during a visual inspection.
Reliance on outdated surveys increases the risk of undisclosed boundary issues. Even minor alterations—such as relocated fences or driveway expansions—can materially affect boundary accuracy and ownership rights.
How a Title Search Reveals Legal Boundary Conflicts
A title search establishes legal ownership and identifies recorded matters affecting title, including easements, restrictions, and boundary-related claims. At LLA, our title professionals review historical deeds, plats, surveys, and other recorded instruments to confirm the accuracy of metes and bounds.
A thorough title examination may uncover:
- Recorded easements impacting property use
- Overlapping legal descriptions
- Unrecorded or improperly documented boundary adjustments
- Conflicts between deeds and survey results
These findings are critical to resolving boundary concerns before closing.
Common Warning Signs of Potential Boundary Disputes
Certain conditions may indicate an increased risk of a boundary dispute, including:
- Inconsistent property descriptions across transaction documents
- Physical improvements crossing survey lines
- Shared access points or driveways
- Recent construction near lot boundaries
- Informal agreements not reflected in recorded instruments
These indicators warrant further review through surveys, title analysis, and legal documentation.
Resolving Boundary Disputes Before Closing
When identified early, boundary disputes can often be resolved efficiently through:
- Boundary line agreements or neighbor acknowledgments
- Corrective or confirmatory deeds
- Removal or documentation of encroachments
- Adjustments to transaction terms
Liberty Land Abstract facilitates coordination among attorneys, surveyors, lenders, and parties to ensure resolutions are properly documented and recorded.
Title Insurance as Protection Against Boundary Claims
Title insurance provides critical financial protection against covered boundary disputes that may arise after closing. Policies may cover legal defense costs and losses associated with undisclosed or recorded boundary defects.
LLA works with clients and counsel to ensure policy coverage aligns with transaction risks and that exceptions are clearly understood.
The Liberty Land Abstract Advantage
Liberty Land Abstract delivers a proactive and legally focused approach to boundary issue identification and resolution. Our services include:
- Provide guidance to clearing boundary discrepancies and out of possession exceptions
- Clear communication with legal counsel and lenders
- Accurate documentation and recording professionals review historical deeds, plats, and recorded instruments to ensure consistency between legal descriptions and survey findings.
Our objective is to protect clients’ interests and promote efficient, on-time closings.
Closing with Legal Clarity and Confidence
Property boundary disputes need not jeopardize a real estate transaction. Through diligent title examination, current surveys, and proper documentation, these issues can be identified and addressed before closing.
With Liberty Land Abstract as your title partner, you gain the legal clarity and protection necessary to proceed with confidence from contract to closing.