Many people use a fence to contain their property and mark the edges of the land. However, neighbors sometimes get into boundary disputes when putting up barriers or taking other actions on what they think is their property.  The questions and answers below will help you understand your rights and what happens when landowners disagree about their property lines.

Most Common Boundary Dispute Questions

How do I prove my property lines in a boundary dispute?

If you had a survey completed before you purchased your property, it should support the boundary lines described in your deed. Together, these documents establish your boundary lines during a dispute. 

Can I protect myself against financial loss due to a claim that I don’t own the disputed property? 

Purchasing owner’s title insurance when you buy the property will protect you against such claims. This policy covers your loss due to problems missed during the title search before the land sale or transfer, including incorrect boundary descriptions.

How can I reach an agreement with my neighbor in a boundary dispute?

You and your neighbor can talk to each other and come up with a solution. For example, if you erected a fence that encroaches on your neighbor's land,  you could propose compensation for their lack of access to the fenced-off portion. Another option is hiring a neutral mediator to help you reach an agreement and splitting the cost with your neighbor. Or, both of you might hire real estate lawyers to negotiate for you.

What if we can’t reach an agreement?

Filing a petition to quiet title in court is the legal action that would resolve the dispute. The court receives evidence from both sides and decides who owns the disputed property. A judicial decision may include an order to remove an existing fence, prevent proposed construction, or require payment of money damages for any related losses.

When you become aware of a boundary dispute, you should consult an experienced real estate lawyer. At Scott & Heenan in Platteville, WI, the law firm offers more than 50 years of legal experience in protecting land ownership and use rights throughout Grant County. Visit their website for more information about their fence and boundary line practice. Call (608) 348-9506 today to schedule an initial attorney consultation.