Boundary disputes are increasing as neighborhoods change rapidly, throwing strangers into conflict with one another concerning the boundaries of expensive properties.

Generally, the courts resolve boundary disputes on two legal doctrines:

• Prescriptive easements
• Agreed boundaries doctrine

In the past adverse possession of land was often the basis for resolving boundary disputes, but its use has been severely curtailed with the adoption of the Subdivision Map Act.

Prescriptive Easements

In order to establish this easement, the claimant in possession who is arguing against the holder of record title must prove that a) for five consecutive years the claimant or predecessor owners, b) openly and notoriously, c) under a claim of title, and d) in a way that was hostile to the record title owner possessed the property in some manner.

Recent cases make it much more difficult to prove an "exclusive" prescriptive easement where the claimant argues he or she is the only person entitled to use the disputed land.

Prescriptive easements are restricted to the use made of the property during the five-year period of use. For example, if Neighbor A parked his vehicle on Neighbor B's land for five consecutive years and met the other requirements for a prescriptive easement, then Neighbor A may well acquire a prescriptive easement over Neighbor B's land for the purpose of parking his vehicle on the land. However, that does not mean that Neighbor A can build a shed on that part of Neighbor B's land or conduct activities there.

Agreed Boundaries Doctrine

The agreed boundaries doctrine comes into play only where neighbors, having been unsure of the actual location of a boundary have agreed to a boundary. If surveys can establish a reasonable basis for establishing the boundary then the neighbor claiming a different boundary will rarely succeed using this theory.

However, if recorded documents, monuments marking boundaries, or surveys, are in conflict and adjacent owners have agreed and acted upon a boundary line, then the agreed boundaries doctrine may be a viable means to resolve the dispute.

Disclaimer: The foregoing is not intended as legal advice. The facts and circumstances of any case requires the review of an attorney familiar with real estate and/or construction law. Before taking any action, please consult with your counsel.