What Is a Boundary Dispute?
A boundary dispute occurs when neighboring property owners disagree about where one property ends and the other begins. Common triggers include conflicting surveys, fences built in the wrong location, encroachments discovered during a real estate transaction, and inconsistent legal descriptions in deeds.
Common Causes in Florida
- Old or inaccurate surveys — Survey technology has improved significantly. Older surveys may have placed boundary markers incorrectly.
- Fence lines vs. legal boundaries — A fence that has existed for decades may not align with the actual legal boundary, creating disputes when one owner obtains a new survey.
- Waterfront property — Florida waterfront boundaries can shift over time due to accretion (gradual addition of land) or erosion, creating uncertainty.
- Plat ambiguity — Older plat maps may contain ambiguous measurements or references to landmarks that no longer exist.
- Improvements crossing the line — A shed, driveway, pool deck, or landscaping that encroaches onto the neighbor's property.
Resolving Boundary Disputes in Florida
- New survey — The first step is usually to obtain a current boundary survey from a licensed Florida surveyor. Both parties may hire separate surveyors.
- Boundary line agreement — The neighbors agree on the boundary location and record a written agreement and, if necessary, a quitclaim deed to convey any disputed strips.
- Quiet title action — If the parties cannot agree, either owner can file a lawsuit asking the court to determine the boundary location.
- Adverse possession — If one owner has openly occupied the disputed area for 7+ years and meets the statutory requirements, they may claim ownership.
- Mediation — Many Florida courts require mediation before trial in boundary dispute cases.
Related Terms
- Survey — The primary tool for resolving boundary questions
- Encroachment — Often discovered in boundary disputes
- Adverse Possession — Long-standing use can establish ownership
- Quiet Title Action — Court action to determine boundaries
Barnes Walker Boundary Dispute Services
Barnes Walker's litigation attorneys handle boundary disputes through negotiation, mediation, and litigation in Manatee and Sarasota counties. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC