A fence a foot over the line, a shed that turns out to sit half on the neighbor’s lot, a shared driveway no one ever measured. Boundary problems are common, and they have a way of surfacing right when someone is trying to sell. Here is how boundary disputes and encroachments work in Virginia, and how they get resolved.
Written by Anthony I. Shin, Esq., Principal and real estate attorney at Prime Title & Escrow
Dispute or encroachment
A boundary dispute is a disagreement about where the property line actually runs. An encroachment is more concrete, it is when a structure crosses the line, a fence, a shed, a driveway, a deck, or even a roof overhang sitting partly on the property next door. The two often go together, because an encroachment is usually what makes people start asking where the real line is.
Why these come up at sale
Most owners never think about their exact boundaries until they sell, refinance, or get a survey for the first time. A buyer and a lender want clean, defined boundaries with nothing of the neighbor’s sitting on the property and nothing of yours sitting on theirs. So an encroachment that everyone lived with happily for years suddenly becomes something to address before closing.
Almost every boundary issue starts with a current survey by a licensed surveyor, which shows the true line and any structure crossing it. I describe where this fits among your other due diligence in survey, appraisal, and inspection. A surprising number of disputes simply end once both neighbors can see, on paper, where the line really is.
How they get resolved
Once the survey shows the line, there are a few clean ways forward. Neighbors can sign a boundary line agreement that fixes the line and record it, so it settles the question for both properties going forward. One owner can deed the disputed strip to the other so the structure sits on land it owns. The encroaching structure can be moved or removed. And in the rare case where neighbors cannot agree, a court can decide. The right fix depends on the situation, but most resolve with a survey and a recorded agreement, not a lawsuit.
When a fence or building has sat over the line for many years, it can raise an adverse possession question, since Virginia lets someone claim land they have openly occupied without permission for fifteen years. That is exactly the kind of thing to sort out early with a survey and a recorded agreement, rather than leaving it for a buyer to discover.
How a boundary problem touches your title
An unresolved encroachment can cloud title and is the kind of thing a buyer will want cleared before closing, which I cover more broadly in clearing title before you sell. Boundary and survey matters also affect what an owner’s title insurance policy covers, since many policies except things a current survey would show, which is one more reason to get one.
How I handle it
When a boundary question comes up in a sale or purchase, I work from the survey, explain what it shows, and prepare the right recorded fix, a boundary line agreement, a deed for the disputed strip, or whatever the situation calls for, so the closing can go ahead with the line settled. The goal is clean, defined boundaries that will not resurface as a problem for the next owner.
Send me the details and I will help you sort it out, from reading the survey to preparing and recording the agreement or deed that settles the line, in Virginia or West Virginia.
Get Your Free Quoteor call (703) 552-4155Frequently asked questions
What is an encroachment?
An encroachment is when a structure crosses a property line onto a neighbor’s land, such as a fence, shed, driveway, or roof overhang that sits partly on the property next door. It is one of the most common boundary problems found at sale.
How do I resolve a boundary dispute in Virginia?
Most start with a current survey that shows the true line. From there, neighbors can sign a recorded boundary line agreement, use a deed to convey the disputed strip, move the structure, or in rare cases go to court. Seeing the survey resolves many disputes on its own.
Will an encroachment stop my sale?
It can give a buyer or lender pause until it is addressed. A current survey, and a recorded agreement or correction where needed, usually clears the way so the closing can proceed with clean boundaries.
Who owns the land if a fence has been over the line for years?
The record owner still owns it unless the neighbor proves adverse possession, which in Virginia requires open, exclusive, and continuous use without permission for fifteen years. A survey and a boundary agreement usually settle these long before any claim is proven.
Do I need a survey to settle a boundary question?
In almost every case, yes. A current survey by a licensed surveyor establishes the true boundary and shows any encroachments. It is the foundation for any agreement or correction that follows.
What is a boundary line agreement?
It is a written, recorded agreement between neighbors that fixes the location of their shared boundary. Once recorded, it settles the line for both properties going forward and is often the cleanest way to resolve a dispute.
This article is general information about boundary disputes and encroachments in Virginia and West Virginia. It is not legal advice for your specific situation, and the right resolution depends on your survey and facts. Please confirm the details with me directly.