Articles and Advice
What Buyers Should Know About Property Boundaries
You might assume the fence marks the edge of your property. In many cases, it doesn't, and that gap between what you see and what the survey shows is where boundary disputes start. Before you fall in love with a lot size or a mature tree line, it's worth understanding what actually sets the edge of a property.
Property Surveys and Boundary Lines
A listing will tell you how big the lot is and give you a general sense of the space, but not necessarily what's actually on the land. Does that shed really sit on your side of the line, or is it hanging over the neighbor's fence by a couple of feet? A current survey shows exactly where everything sits based on the legal description, along with any improvements that have gone in over the years. If the seller's survey isn't recent, ask about its history and whether any additions or alterations have been made to the property since it was done.
Older surveys become unreliable once improvements go in without anyone updating them. A new survey costs money, but it's a lot cheaper than redoing fencing or other improvements later because you didn't know where the actual lines were.
Fences, Trees, and Property Boundaries
Many people assume that whatever fence is standing marks the boundary line, and in most cases that isn't true. Fences, hedges, and tree rows get placed based on where someone thought the line was, not necessarily where it's recorded to be. Older properties in particular were often built with these features standing in for a real boundary, which is one reason surveyors and title companies keep a plat of the land showing where the lines should actually fall.
If a fence has stood in the same spot for many years, the neighboring owner's use of the land could potentially contribute to an adverse possession claim. The requirements and time period vary by state, so it's worth asking your agent or a real estate attorney how the law applies.
Easements and Property Use
An easement is a legal right that allows another person, company, or property owner to use a portion of your land for a specific purpose. Some easements are minor, while others can be fairly restrictive about what you can and can't do with the property, covering things like a shared access road or power lines running along the edge of your lot. Many easements are recorded and part of the public record, but it's still worth confirming with your title company that nothing was agreed to by the seller that isn't showing up yet. Asking around the time of your search helps too, since finding out about an easement after you've moved in can throw off any plans you had for fencing the yard or adding new features.
Resolving Boundary Questions Before Closing
If a boundary question comes up during your walkthrough, or a survey doesn't show the lines you expected, don't brush it aside just because everything else about the house checks out. A licensed surveyor can help clarify questions about the boundary lines, while a title company or real estate attorney can address recorded rights and work toward a resolution if one is needed. Sellers are usually willing to make an adjustment rather than risk losing the sale, so asking early can save you from inheriting a dispute that was never yours to begin with.
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