Written by Caitlyn Vanover
Understanding Boundary Line Disputes: Fences and Property Rights
Boundary line disputes are among the most common issues between neighbors, especially when fences are involved. These disagreements can be stressful and costly if not handled properly. In this post, we’ll explore what boundary line disputes are, how they often involve fences, and how a law firm can help protect your property rights.
What Is a Boundary Line Dispute?
A boundary line dispute occurs when neighboring property owners disagree about the exact location of their property lines. These disputes often arise when one owner builds or replaces a fence, installs landscaping, or makes improvements near the property line.
Key factors contributing to these disputes include:
- Confusion over property deeds or surveys.
- Discrepancies between legal descriptions and actual land use.
- Long-standing informal agreements that conflict with official records.
How Do Fences Contribute to Disputes?
Fences are a common source of boundary line disputes for several reasons:
- Encroachment:
When a fence is built on or over the boundary line, one neighbor may claim that the fence encroaches on their property. - Maintenance Responsibilities:
Disputes can arise over who is responsible for maintaining or repairing a fence that sits directly on the boundary. - Adverse Possession:
Over time, a neighbor may claim ownership of land where a fence has stood if they’ve used it exclusively and openly for a statutory period (typically 10 years in Missouri). - Aesthetic Disagreements:
Even the appearance of a fence, such as height or style, can lead to disputes, though these are usually governed by local zoning laws or HOA rules.
Legal Considerations for Fences and Property Lines
- Property Surveys:
A professional survey is often the first step in resolving a boundary line dispute. Surveys clarify the exact property boundaries based on legal descriptions and historical records. - Easements and Agreements:
Neighbors may have agreements or easements that allow shared use of the boundary area. Understanding these agreements is essential. - Missouri Law on Boundary Fences:
In Missouri, boundary fences are governed by state statutes and county-specific rules. For example, in agricultural areas, Missouri law often requires neighbors to share responsibility for maintaining a boundary fence. - Adverse Possession Claims:
If a fence has been in place for an extended period and is used as a boundary, one neighbor may claim ownership of the disputed land through adverse possession.
How to Handle a Fence-Related Boundary Dispute
- Start with Communication:
Before escalating the issue, try discussing the matter with your neighbor. Many disputes can be resolved amicably without legal action. - Obtain a Survey:
Hiring a licensed surveyor to determine the exact boundary is a critical step in resolving disputes. - Consult Local Regulations:
Zoning laws, homeowner association rules, and state laws may influence how disputes are resolved. - Seek Mediation or Legal Assistance:
If communication and surveys don’t resolve the issue, mediation can be a cost-effective way to find a resolution. If necessary, an attorney experienced in property law can help file a lawsuit or defend your rights in court.
How a Law Firm Can Help
At Thurman Law Firm, we understand how boundary disputes can affect your peace of mind and property value. Our experienced attorneys can help you by:
- Reviewing property deeds and surveys.
- Negotiating with your neighbor or their attorney.
- Representing you in mediation or court proceedings.
- Protecting your property rights under Missouri law.
The Bottom Line
Boundary line disputes involving fences can be complicated, but they don’t have to escalate into long-term conflicts. Taking proactive steps, such as obtaining a survey and seeking legal advice, can help you protect your rights and find a resolution.
Need help with a boundary line dispute? Contact Thurman Law Firm today for a consultation. Let us protect your property and your peace of mind.
