Boundary disputes, unfortunately, occupy a substantial portion of a real estate lawyer's time. Not only can they lead to rude surprises (i.e., loss of property one thought one owned), but they are expensive to litigate and can be emotionally stressful as well. If you are a property owner, or plan to be one, there are a number of things you can do to reduce the likelihood of becoming involved in a dispute with a neighbor over your property lines.

When You Buy

- Ask the seller or seller's agent to clearly indicate the boundaries and pay attention to the property he/she is describing;

- Look for physical boundary indicators, such as rockeries, long-standing fences, old cement work and (provided you can locate them) survey monuments to confirm the information you are given;

- Look for encroachments (buildings, fences and other improvements by neighbors) which intrude on the property described to you;

- Look for evidence of use which may indicate that third parties have unrecorded easement rights in the parcel;

- Accept only a statutory warranty deed, since the seller signing such a deed warrants the property described thereon to be free of unrecorded rights and any other outstanding interests not shown as exceptions on the deed;

- Consider buying extended coverage title insurance, which is an extra cost item and requires a survey, but will insure against encroachments and unrecorded rights not identified by the title company (if unknown to you). The survey and preliminary commitment should be ordered and reviewed while the transaction can still be rejected;

When You Sell

- If you know of encroachments or unrecorded rights in your property, disclose these to your buyer in writing and make sure they are indicated as exceptions on the statutory warranty deed which you will be giving your buyer;

- If the buyer is taking out extended coverage, consider paying the additional premium to have yourself insured with the same coverage;

- Don't point out boundaries you are not sure of;

While You Own

- Locate prior survey monuments and know your boundaries;

- Do not permit neighbor encroachments, incursions or regular use of any portion of your property by others;

- It is preferable not to install fencing inside or short of the legal boundary line, since this can be misinterpreted as the legal boundary;

- It is helpful to have a physical boundary, such as a fence line, rockery or hedge, on or abutting the legal boundary;

- If the boundary is uncertain and you and your neighbor wish to arrive at an agreed line, have it surveyed and have an attorney prepare an appropriate legal document to establish the new boundary;

- The same would apply if you and your neighbor wish to enter into an agreement for joint use of an area. Have it surveyed and have an attorney prepare a legally certain and enforceable agreement;

- Encroachments or uses which have been in existence for nearly ten years must be dealt with promptly or you may lose rights in the affected property. The phrase "dealt with" means a lawsuit, since objecting to a neighbor's adverse or prescriptive use of your property without taking any action merely makes his or her case stronger.

Since courts will normally refer to a boundary the parties have acquiesced in, or to a long-standing physical boundary, or long-standing non-permissive use of a portion of land contrary to the interest of the "true owner", activities of others on land you own should not be ignored.

If you find yourself on the other side of this issue, that is, you own property which includes long-standing use of a portion of a neighboring parcel to a physical boundary beyond your deeded property line, you may have acquired ownership or easement rights in that property. This happens most frequently when both property owners have accepted a physical boundary as the true (legal) boundary. It doesn't make sense many years after this situation has been accepted and continued to reconform the boundary to a new survey at great expense and dislocation of improvements. It is the in-between cases that are difficult.

I would be remiss in writing this if I failed to put it in context. We all want to do what is reasonable to get along with our neighbors, and legal paranoia should not prevent us from extending the favor of an occasional use of our property when warranted. If it goes beyond this or an encroachment is involved, however, the neighbor should be approached and advised of your concerns.

The above is furnished as general information relevant in the State of Washington only and may not be relied on as legal advice, specific to any situation or otherwise, by any person, whether or not a client of the firm.