Article · Real Estate
The Fence Is Eighteen Inches Over: How Boundary and Neighbor Law Actually Works
28 U.S.C. § 2409
- Type
- Article
- Jurisdiction
- National
- Date
- 2024-12-04
- Topic
- Real Estate
Boundary disputes are the only area of property law where the parties usually know each other, will keep living beside each other, and are fighting over something worth less than the litigation. This article explains why the recorded line and the used line so often differ, and what the law does when they do. It covers the doctrines that move a boundary — adverse possession, acquiescence, agreed boundaries, and estoppel — and the ones that create rights short of ownership, including prescriptive and implied easements. It then covers trees, fences, encroachments, and the nuisance claims that neighbors actually bring. It closes with the practical sequence that resolves these disputes, which is almost never a lawsuit.
The full text of this document is available to Executive subscribers and above. See plans.