How to Handle Easements and Property Line Disputes

If you own a home or you’re planning a build, nothing can derail your budget and your sanity quite like discovering the fence is two feet over the line or a utility company can drive a backhoe through your yard whenever they like. I’ve sat at too many kitchen tables with owners staring at a plat map, wondering how a few inches of error turned into a five-figure problem. The good news: most easement and property line headaches can be handled without a lawsuit, and often faster and cheaper than you expect—if you follow a methodical plan.

The basics: property lines, easements, and encroachments (in plain English)

Before you do anything, get the language straight.

• Property line: The invisible legal boundary of your land. It’s defined by your deed and recorded plats, and confirmed by a licensed surveyor. A fence is not the legal boundary; it’s just a fence.
• Easement: The right for someone else to use part of your land for a specific purpose. Common examples: utilities, shared driveways, drainage, and access to a landlocked neighbor. An easement doesn’t transfer ownership—you still own the land—but it limits what you can do there.
• Encroachment: When a structure or use crosses the property line or into an easement where it shouldn’t be. Think fences, retaining walls, sheds, driveways, or even roof overhangs.
• Setback: A zoning requirement that pushes structures away from property lines or streets. Setbacks are separate from easements and both can apply.
• Title report, Schedule B exceptions: Your title report lists recorded matters affecting your land, including easements. Schedule B is where the surprises often hide.

Laws and definitions vary by state and municipality, but those concepts are consistent nationwide.

Types of easements you’re likely to meet

Here are the ones I see most often on residential and small development projects:

• Utility easements: Usually 5–10 feet along rear and/or side lot lines. Allow electric, gas, water, sewer, cable to install, access, and maintain lines. Expect “no structures” rules; fences and landscaping are often allowed, but removable.
• Drainage easements: Direct surface water or protect natural channels. Don’t block or fill these; cities take them seriously.
• Access or ingress/egress easements: Allow passage across one property to reach another. Common for flag lots or shared driveways.
• Conservation or open space easements: Limit development to protect habitat or views. Often permanent.
• Private road or maintenance easements: Spell out who uses and who pays for upkeep of a shared road or driveway.
• Prescriptive easement: Arises over time when someone openly and continuously uses land without permission. Different from adverse possession (which can transfer ownership). Time periods vary by state (often 5–20 years).
• Implied easement: Created by prior use or necessity even if not explicitly recorded—often shows up after a split of a larger parcel.
• Temporary construction easement: Short-term rights during a project (think staging or access).

Pro tip: If your street has overhead wires or there are storm drains at your lot corners, assume easements exist even if you don’t see a strip on the plat. Pull the recorded documents.

How these issues actually show up

Real-world triggers I see:

• You pull a permit and the city reviewer flags your new garage sitting in a 10-foot utility easement.
• A neighbor claims your fence is over the line, and they’ve got a survey to back it up.
• Title report during a sale lists an access easement that nobody remembers granting.
• Your builder starts a driveway, then the surveyor finds the existing curb cut is on the neighbor’s property.
• A utility truck enters your yard to service a line and removes part of your landscaping—legally.

Getting ahead of these surprises is cheaper than reacting to them.

Step-by-step game plan when you suspect an easement or boundary problem

I teach my teams—and clients—to slow down and run this playbook. It keeps you from escalating a fixable problem.

1) Pause any new work in the disputed area

• Don’t pour concrete, set posts, or remove anything yet. Every step you take can complicate your position or the remedy.

2) Gather your documents

• Deed and legal description.
• Last survey, plat map, and improvement location certificate.
• Title insurance policy and Schedule B exceptions.
• Permits and approved site plans.
• Any neighbor communications (texts, emails), photos of the area over time.

3) Walk the site with a camera

• Photograph fences, walls, corners, monuments, and any visible utilities.
• Look for survey pins or caps—don’t move them.
• Note dimensions (tape measure in photos helps later).

4) Order the right survey

• Boundary/lot survey: Confirms property lines and corner pins. Costs: roughly $500–$2,500 for typical residential lots; complex, wooded, or hilly sites may run higher.
• ALTA/NSPS survey: Detailed survey used in commercial and complex residential, often when you want title “survey coverage.” Costs: $2,000–$6,000+.
• Improvement location certificate (ILC): Cheaper, not a boundary survey, doesn’t set pins. Useful for general planning but not reliable for a dispute.

5) Pull and read the recorded easements

• Ask your title company or county recorder for the actual recorded documents referenced in your title report.
• Note location (metes and bounds or plat references), width, rights granted, rights reserved, and any maintenance or relocation terms.

6) Talk to your title company and a local real estate attorney

• Quick calls early can save weeks of missteps.
• Ask the title company whether survey coverage or an encroachment endorsement is possible with a new survey.
• Ask the attorney about your state’s adverse possession and prescriptive easement timelines, and the best non-litigation options.

7) Meet your neighbor calmly (if a boundary dispute)

• Bring a copy of the survey and plat.
• Avoid blame; state the facts and your proposed solution.
• Consider a neutral third-party mediator if the conversation turns tense.

8) Choose a resolution path

• Move or modify the encroaching structure.
• Record a boundary line agreement or lot line adjustment.
• Grant or obtain an easement or temporary license.
• Seek a variance (rare for easements, more common for setbacks).
• As a last resort, file a quiet title or declaratory action.

9) Put it in writing and record it

• Verbal deals die fast. Use recorded documents so future owners and lenders can rely on the fix.

10) Close the loop with the city and your lender

• Update site plans and permits if needed.
• Provide recorded documents to your lender and title company, especially if you’re mid-transaction.

Reading your survey and plat without getting a headache

Surveys can look like hieroglyphics. Here’s what to scan first:

• Legend: Look for easements (often dashed or dotted lines), building lines, fences, walls, utilities, and benchmarks.
• Bearings and distances: The edges of your lot are defined by compass bearings (e.g., N 89°52’13” E) and distances (e.g., 120.00′). A discrepancy with your deed can signal a bigger issue.
• Corner monuments: Rebar, aluminum caps, or stones with markings. If the surveyor can’t find them, they’ll set new ones—ask them to flag them.
• Encroachments table: Good surveys clearly list things crossing lines—fences, eaves, walls, driveways.
• Notes: This is where surveyors put gold nuggets like “measured vs. record” differences and any assumptions.

Questions I ask the surveyor:

• How confident are you in the boundary given local control points and found monuments?
• Did you find evidence of long-standing use that suggests a potential prescriptive claim?
• Can you stake the property lines and offsets for construction?
• Do you recommend an ALTA-level survey for title coverage?

Utility and drainage easements: what you can and can’t do

Most suburban lots have at least one utility or drainage easement. Typical rules:

• You own the land, but you can’t build permanent structures in the easement. Sheds, garages, pools, and additions are usually prohibited. Fences and landscaping may be allowed but must be removable.
• The easement holder can enter to maintain or repair. If they damage something in the easement while performing allowed work, they’re generally not obligated to replace it unless the easement says otherwise.
• Relocating utilities to build is sometimes possible but expensive and slow.

Real numbers from projects I’ve managed:

• Utility relocation: $5,000–$30,000+ depending on utility type and distance; lead times 6–16 weeks.
• Drainage easement modifications: Often require civil engineering ($2,500–$10,000) and city approvals; not guaranteed.
• Encroachment permits: Some cities allow minor encroachments with an indemnity agreement, but plan on 4–8 weeks for review.

If you’re designing a project, site your hardscape and structures with a generous buffer from easements. I prefer 2 feet inside the easement line for fences and 5 feet for permanent structures while plans are still evolving.

Encroachments and boundary disputes: practical options

Let’s say a survey shows your neighbor’s fence is 18 inches over your line. You’ve got a few choices:

• Move the fence: Cleanest option. Costs: $15–$35 per linear foot for typical wood privacy fences to relocate; more for masonry or metal.
• Boundary line agreement: You and your neighbor sign and record a document recognizing an agreed line (often following the existing fence). Useful to resolve small deviations where moving the fence would be costly.
• Lot line adjustment: If you’re swapping land, a formal adjustment through planning is cleaner. Expect $1,000–$5,000 in fees plus survey and possibly a new legal description; 30–120 days depending on jurisdiction.
• License: A revocable permission to use a strip of land (for a garden bed, say). Not permanent and usually not insurable.
• Easement: Grant a permanent right for that encroachment (e.g., a portion of a driveway). You can negotiate compensation and maintenance obligations.
• Remove the encroachment: When it’s on your land and the other party refuses to cooperate, a demand letter may be necessary. Don’t self-help by tearing it out unless your attorney confirms you’re safe to do so; you can trigger liability.

When to worry about adverse possession and prescriptive rights:

• If a neighbor (or you) has openly used or occupied the strip for a long time—often 7–20 years depending on state—rights may have accrued. Some states require payment of taxes and “color of title.” Your attorney can advise on risk and strategy. Acting sooner is better than later.

Talking to your neighbor without making it worse

I’ve seen simple, respectful conversations save thousands. Try this approach:

• Share information, not accusations. “We ordered a survey for our addition and it shows the fence is 18 inches over the line on our side along the back 40 feet. I brought a copy, and I had the surveyor flag the line so we can see it together.”
• Propose options, invite input. “We can move the fence, or if it’s a pain with your landscaping, we could record an agreement so the fence stays and the line is legally adjusted. I’m happy to cover survey cost and split the fence work.”
• Put time on your side. “We’re hoping to resolve this in the next few weeks so we can keep our project moving. Would you be open to meeting with the surveyor together this Saturday?”
• Keep records. Follow up by email with a summary of what you discussed.

If you’re the one encroaching, lead with accountability and concrete solutions. Offering to pay for recording fees and part of the neighbor’s attorney review goes a long way.

Mediation, arbitration, or court?

Litigation is slow and expensive. I will always try these first:

• Mediation: A trained neutral helps you reach a settlement. Typical cost: $500–$1,500 per half-day for residential disputes, often split. Many disputes settle in a single session.
• Arbitration: More formal; the arbitrator decides the outcome. Faster than court but you give up appeal rights. Cost: $3,000–$10,000+ depending on complexity.

Court options:

• Quiet title or declaratory action: Asks the court to declare the boundary or rights. Timeline: 6–18 months, sometimes longer. Fees: $7,500–$25,000+ in legal costs isn’t unusual.
• Ejectment or injunction: Orders removal of an encroachment or halts work.
• Adverse possession claim: Complex and fact-specific; expect discovery and testimony.

If you’re selling, courts are last resort. Buyers and lenders don’t like open litigation risk.

Construction-specific landmines and how to avoid them

Builders and owner-builders juggle design, permits, and scheduling. Here’s how to avoid schedule killers:

• Call 811 before you dig: Free utility locates, usually within 2–3 business days. Not perfect—private lines (sprinklers, pool equipment) won’t be marked—so use caution.
• Stake property lines: Don’t rely on old fences. Have a surveyor set stakes and batter boards for fences, walls, and driveways.
• Respect setbacks and easements: If you’re tight, request a pre-application meeting with planning. Get their feedback early.
• No permanent footings in easements: If you absolutely must cross, ask if your city or utility will grant an encroachment agreement. Many won’t.
• Retaining walls and grade changes: Don’t push soil or water onto a neighbor’s property. Add French drains, swales, and proper tie-ins. Your grading plan should make water your problem, not theirs.
• Tree roots near lines: Some cities require arborist reports if you excavate within a certain distance of protected trees, especially along shared boundaries.

Budget and timeline impact if you discover an issue mid-project:

• Survey and redesign: 1–3 weeks, $1,000–$5,000.
• Utility relocation: 4–16 weeks lead time.
• Fence/wall move: 1–2 weeks for scheduling and work.
• Legal paperwork: 2–8 weeks, longer if neighbor is unresponsive.

Special issues: fences, trees, and “who pays what”

Fences:

• Who owns it? Typically the person who built it, or the side the “good” face is on doesn’t determine ownership legally. Check deeds and survey.
• Good neighbor laws: States like California presume neighbors share maintenance costs for boundary fences unless one party can prove it’s unreasonable. Get agreement in writing to split costs.
• Spite fences: Oversized or intentionally obnoxious fences can violate local ordinances. height limits are common (6–8 feet in backyards).
• Setbacks for fences: Usually allowed on the line, but corner lots often have special sight-triangle rules.

Trees:

• Trunk determines ownership. If the trunk sits on both sides, it’s a “boundary tree” and usually co-owned.
• Branches and roots can typically be trimmed to the property line if you don’t damage the health of the tree. Local rules vary.
• Damage from roots: If a neighbor’s roots destroy your sewer line, liability depends on foreseeability and negligence. Document with a plumber’s camera inspection. Repairs can run $2,000–$10,000+; root barriers $1,000–$3,000.
• Protected trees: Many cities require permits for removal based on size/species. Fines for unpermitted removal can be steep.

Driveways and shared access:

• Maintenance agreements: Spell out cost-sharing—equal shares, by frontage, or by usage/weight (heavy vehicles pay more).
• Snow and liability: Include who plows and how slip-and-fall claims are handled (insurance requirements matter).

Buying or selling a home with easements or a boundary issue

I’ve been on both sides of deals where a late discovery nearly blew the closing. Here’s how to navigate:

As a buyer:

• Read the title report early: Don’t just glance. Ask your agent or attorney to explain every easement and exception.
• Order a survey contingency: Even a simple boundary survey can catch a deal killer. If the market is competitive, shorten the timeline rather than waiving the survey.
• Ask for encroachment endorsements: Title insurers sometimes offer “survey coverage” if you provide a recent survey.
• Verify access: Landlocked or private road? Make sure there’s a recorded ingress/egress easement and a maintenance agreement.

As a seller:

• Disclose, disclose, disclose: If you know about a fence issue, encroachment, or easement dispute, put it in writing. Hiding problems invites lawsuits.
• Cure or credit: You can resolve the issue prior to closing (best), or offer a credit and escrow holdback until it’s fixed. A common holdback formula is 1.25–1.50 times the estimated repair cost to motivate completion.
• Pre-listing survey: On older or oddly shaped lots, a $1,500 survey can prevent renegotiations later.
• Coordinate with the title company: Provide recorded agreements or releases so they can underwrite cleanly.

Common lender/title friction points:

• Unrecorded driveway agreements: Lenders often require recorded easements.
• Encroachments into setbacks: Cities may demand a variance or removal.
• Structures in utility easements: Title insurers rarely insure these without a specific encroachment agreement from the easement holder.

Money talk: realistic cost and time ranges

These are ballpark ranges from recent projects in multiple states. Local markets vary.

• Boundary survey: $500–$2,500 residential; $2,000–$6,000 ALTA-level.
• Attorney consult: $250–$600/hour; initial review and a demand letter $750–$2,500.
• Mediation: $500–$1,500 per session.
• Fence relocation: $1,500–$6,000+ depending on length and type.
• Retaining wall adjustment: $3,000–$20,000+ (engineering and permits may be required).
• Utility relocation: $5,000–$30,000+ and 6–16 weeks lead.
• Lot line adjustment: $1,000–$5,000 in fees plus surveys and new legal descriptions; 1–4 months.
• Quiet title action: $7,500–$25,000+ and 6–18 months.
• Tree root barrier or root pruning with arborist: $1,000–$3,000; full removal $800–$3,500 depending on size/species.

Documents that actually solve the problem

If you’re resolving an issue, use the right instrument:

• Easement agreement (grant of easement): Grants specified use (e.g., driveway encroachment). Should cover location, maintenance, insurance, and transferability. Record it.
• Encroachment agreement: Acknowledge an existing encroachment and set terms (rights, indemnity, what happens if the structure is replaced).
• Boundary line agreement: Confirms the agreed boundary when the record is uncertain or minor discrepancies exist.
• Lot line adjustment: Formal change to lot boundaries via local planning department; results in new legal descriptions.
• License agreement: Temporary, revocable permission—useful during construction or short-term access.
• Release or abandonment of easement: When an easement is no longer needed; utility or city must agree and sign.
• Indemnity and hold harmless: Often required by cities or neighbors when allowing encroachments.

Make sure signatures are notarized and documents are recorded with the county. Keep conformed copies with your property file.

What I’ve learned from the field: three quick case studies

Case 1: The 18-inch fence mystery

• Situation: A 1950s neighborhood, mature landscaping. My client’s survey showed the neighbor’s fence and hedge 18 inches over the line for about 60 feet.
• Approach: We met the neighbor with the surveyor on site. The hedge had sentimental value.
• Solution: We recorded a boundary line agreement moving the legal line to the fence. Consideration: $2,500 to the neighbor for land equity, my client paid survey and recording fees (~$1,900). The city processed a lot line adjustment in 54 days.
• Takeaway: When the encroachment has existed for decades and removal is emotionally charged, buying the sliver is often the fastest path.

Case 2: Driveway corner in the wrong place

• Situation: The front corner of a new concrete driveway clipped the neighbor’s lot by about 6 inches for a 4-foot length. Discovered after pour (painful).
• Approach: We offered to sawcut and re-pour the corner, plus re-sod the neighbor’s grass.
• Solution: Neighbor preferred cash and no construction mess. We drafted an encroachment easement limited to the 24-square-inch triangle plus a maintenance clause and a trigger: if the driveway is replaced, the encroachment must be eliminated. Cost: $1,800 for legal and recording; $1,000 to the neighbor; 3 weeks to record.
• Takeaway: Small, low-impact encroachments can be papered with an easement if both sides are practical.

Case 3: Utility easement vs. dream pool

• Situation: A client wanted a pool tight to the rear fence. Title showed a 10-foot utility and drainage easement along the back.
• Approach: We met with the utility and city engineer early. Drainage couldn’t be relocated due to downstream capacity.
• Solution: Redesigned the pool 12 feet off the rear line. We kept a low-profile equipment pad outside the easement and used decorative screening.
• Cost/time impact: Redesign fees $2,200; schedule slip 2 weeks; avoided a likely 3–4 month delay and $10k+ relocation bill.
• Takeaway: You almost never win against a drainage easement; redesign before you fight city hall.

Common mistakes I still see (and how to avoid them)

• Assuming the fence is the line: It rarely is. Verify with a survey before building or planting expensive landscaping.
• Building in an easement “because the last owner did”: Prior violations don’t create rights. You might inherit the headache.
• Skipping the title report details: Schedule B exceptions often hide old road, alley, or utility rights that matter a lot.
• Relying on an ILC for critical decisions: ILCs aren’t boundary surveys. Don’t base walls, garages, or disputes on them.
• Going nuclear too fast: Threatening lawsuits in your first conversation with a neighbor makes reasonable deals harder.
• Not recording agreements: Handshake deals evaporate when one party sells. Record or expect to relive the problem.
• Ignoring drainage patterns: Redirecting water onto a neighbor is a lawsuit magnet—even if your fence is perfect.
• Forgetting the lender: If you’re mid-mortgage or refinancing, material title changes need lender acknowledgment.

Working with the right pros (and what to ask them)

Surveyor

• Ask: What survey type do I need for title coverage? Can you stake the lines? Did you find any evidence of long-standing use off the record?
• Deliverables: Sealed survey, corner stakes, encroachment table, digital file (useful for architects).

Real estate attorney

• Ask: Given our facts, what’s the fastest path that sticks? What’s our exposure to prescriptive claims or adverse possession?
• Deliverables: Draft and record agreements, negotiation, court filings if needed.

Title company

• Ask: What endorsements or coverage are available with a new survey? Will you insure the boundary or encroachment once resolved?
• Deliverables: Updated title commitment, endorsements, escrow support for holdbacks if closing.

Civil engineer (for drainage or lot line adjustments)

• Ask: Can we modify drainage within code? What’s the realistic path and cost?

Mediator

• Ask: Have you handled property line or easement disputes? Many mediators specialize.

If you’re landlocked or relying on a “handshake” driveway

Access is oxygen for real estate. Without legal access, your property value and financing options plummet.

• Verify recorded access: Don’t rely on “we’ve always used that driveway.” Pull the recorded easement.
• If it’s missing: Start with a negotiated access easement. Offer to pay survey, legal, and reasonable consideration.
• Easement by necessity: Courts may grant one if your parcel was severed from a parent tract and has no access. This takes time and money—negotiate if you can.
• Maintenance: Record who pays what and how decisions are made. Lenders often require this.

HOA and private community wrinkles

In HOA neighborhoods:

• CC&Rs can add extra setbacks or limit what you can plant in easements.
• Shared walls and party fences often have maintenance language—follow it.
• Architectural review committees will ask for a site plan. Show easements clearly to avoid rejected applications.

In private roads:

• Insurance is big. Many agreements require minimum liability coverage for each owner using the road.
• Emergency access standards (fire code) may limit gates or require turnarounds.

Templates and clauses I reach for (adapt with your attorney)

These snippets are examples to discuss with counsel:

• Maintenance clause for a shared driveway easement:

“Grantor and Grantee shall equally share the cost of ordinary maintenance and repair of the Easement Area. Extraordinary repairs necessitated by the acts or negligence of one party shall be borne by that party.”

• Replacement trigger for an encroachment:

“Upon replacement of the existing driveway, Grantee shall relocate improvements to eliminate the encroachment described herein. This easement shall automatically terminate upon such relocation.”

• Escrow holdback language in a purchase agreement:

“Seller and Buyer agree to a holdback of 150% of the contractor’s written estimate to relocate the fence and remove encroachments identified on the [date] survey. Funds to be disbursed upon recording of a boundary line agreement or confirmation of relocation, but no later than 90 days post-closing unless extended by mutual written agreement.”

These are not one-size-fits-all—run them by a local attorney.

Quick-reference checklists

First 48 hours when a boundary/easement issue surfaces:

• Stop work near the area.
• Collect deed, title report, old surveys, permits.
• Photograph the site thoroughly.
• Order a boundary survey; ask for stakes.
• Request copies of any recorded easements from the title company/county.
• Book a 30–60 minute consult with a real estate attorney.
• Send a calm, factual note to the neighbor proposing a time to review the survey together.

Before you build near a line or easement:

• Confirm lines with a survey.
• Identify all easements and setbacks on a simple site plan.
• Call 811 and mark utilities.
• Keep permanent structures out of easements; allow 2–5 feet of buffer while design is evolving.
• Get utility/company approval for any proposed encroachment—ideally in writing.
• Record any agreements before you pour concrete.

Documents to keep forever in your property file:

• Final, sealed survey with corner coordinates.
• Recorded easements, boundary line agreements, or lot line adjustments.
• Title policy and endorsements.
• HOA approvals and site plans.
• Photos showing improvements and boundaries over time.
• Permits and final inspections.

Frequently asked questions

What if a utility company damages my yard in their easement?

• Most easement documents allow entry and limit liability to restoring to a “reasonably similar condition.” If they break something outside the easement or due to negligence, push back. Document before/after with photos and ask for a supervisor if the crew on site can’t help.

Can I build a deck over a utility easement if it’s on piers and “removable”?

• Sometimes yes, sometimes no. I’ve seen cities allow low decks with a recorded encroachment agreement and removable sections. Many utilities say no to any structure. Ask before you design.

My neighbor says they own our shared fence because the “good side” faces us. Is that true?

• Not necessarily. The “good side” is a design choice. Ownership isn’t decided by which way the boards face. A survey, permits, and original invoices help. In some places, both neighbors share maintenance regardless.

Can I claim the land if I’ve mowed and used it for 15 years?

• Maybe, depending on your state’s adverse possession and whether your use was exclusive, open, continuous, and hostile (without permission). Paying taxes and having color of title can be required. Don’t self-declare; talk to an attorney.

Our driveway has crossed the neighbor’s property for decades with their permission. Do we have a prescriptive easement?

• Permission usually defeats a prescriptive claim. You may have a license that can be revoked. Consider negotiating a recorded easement to secure long-term access.

What if my city plat and my survey don’t match?

• It happens. The surveyor should reconcile the record description with what’s on the ground and explain any differences. Sometimes a boundary line agreement or court action is needed to clear conflicting records.

A practical roadmap by scenario

Scenario A: You’re mid-remodel and discover the garage addition clips a drainage easement

• Pause work.
• Meet with city engineering and your civil engineer within a week.
• If the easement can’t move, redesign now.
• Expect 2–6 weeks for revised plans, plus permit amendments.
• Costs: $2,000–$8,000 for redesign vs. months and five figures trying to relocate drainage.

Scenario B: Neighbor’s new fence is one foot onto your property

• Get a boundary survey with stakes.
• Send a friendly letter with the survey, ask for a meeting.
• Offer options: relocate fence; or record a boundary line agreement (you may request compensation if you give up land).
• If ignored, a demand letter may be necessary.
• Try mediation before court. Most neighbors prefer a quick compromise to a prolonged fight.

Scenario C: You’re selling, and the buyer’s survey shows your shed partly on the neighbor

• Options in 30 days:
• Move the shed (fastest if it’s small).
• Obtain a narrow encroachment easement from the neighbor with a termination on replacement.
• Offer a credit and escrow holdback so buyer can handle after closing.
• Keep the lender and title company in the loop—some won’t close with an open encroachment unless it’s resolved or insured.

Scenario D: Shared driveway with no maintenance agreement

• Draft and record one now.
• Include cost-sharing, snow removal, insurance, speed limits, and dispute resolution.
• A clear agreement helps resale and avoids future bad blood.

The human side: keeping relationships intact

I’ve watched neighbors become lifelong friends after resolving a property line kerfuffle, and I’ve seen decades-long feuds over six inches of lawn. Things that keep the peace:

• Lead with curiosity, not conclusions. “Help me understand your view.”
• Acknowledge inconvenience. “Moving the fence is a hassle—I appreciate you working with me.”
• Be generous where you can. Cover recording fees or a share of the work even if you’re “right.”
• Put timelines in writing and follow through. Reliability builds trust fast.
• If emotions run hot, bring in a mediator before positions harden.

How to future-proof your property

• Keep a current survey on file and mark corners with permanent caps.
• Map all easements on a simple site plan you can hand to contractors.
• Maintain good drainage—annual gutter and swale checks prevent neighbor disputes.
• Plant trees far enough from lines and boundaries; pick species with tame root systems.
• Before any major project, have a pre-construction meeting on site with your builder and surveyor.
• When you buy, insist on a survey contingency and read your title report with someone who does this for a living.

Final thoughts from the trenches

Easements and property line disputes feel intimidating because they sit at the intersection of law, surveying, construction, and neighbor dynamics. You don’t have to be an expert in all of it—you just need a calm process, the right professionals, and a willingness to document the solution. Most problems resolve with a couple of signatures and a few flags in the ground. Move quickly but thoughtfully, and you’ll protect your project, your property value, and your relationship with the folks next door.