Boundary Dispute Resolution Between Neighboring Property Owners
by Mark M. Thayer, Esq.
Sayer Regan & Thayer, LLP
Do good fences make good neighbors? Or are property laws more important? Experienced real estate attorneys explain how to resolve property line disputes before they become expensive litigation
What You’ll Learn
- Why survey discrepancies and deed language are the most common sources of boundary disputes in New England
- How Rhode Island, Massachusetts, and Connecticut differ in their approach to adverse possession claims
- What a “record boundary” versus a “practical boundary” means — and why the difference can cost you your case
- How the doctrine of acquiescence can legally override what’s written in your deed
- When negotiation, mediation, and litigation are each the right tool for the job
- What an action to quiet title is and when you need one
- How to protect your property rights before a dispute turns into a lawsuit
Whose Line Is It?
A fence goes up three feet over the property line. A neighbor pours a concrete driveway that crosses onto your land. A tree falls, and both you and your neighbor think the other person owns the stump. These situations frequently occur in Rhode Island, Massachusetts, and Connecticut, and the legal principles that govern them are much older and more complicated than most people expect. Property law in New England traces its roots to colonial-era land grants, and some of those ancient boundaries are still causing arguments today.
The good news is that most boundary disputes are resolvable without a courtroom, if you understand the legal framework and get competent advice early. The bad news is that waiting, hoping the neighbor comes around, or building a spite fence almost never works.
Why Boundary Disputes Happen in the First Place
The short answer is that old deeds are imprecise. A deed from 1930 that describes a boundary as running “to the stone wall, thence northerly along the wall to the large oak tree” is legally valid, but it creates obvious problems when the wall has moved, and the oak tree died in 1962.
Even modern surveys can produce conflicting results. Two licensed surveyors can measure the same parcel and produce slightly different boundary lines because they may use different historical reference points, interpret ambiguous deed language differently, or rely on different recorded plans. Neither survey is necessarily wrong. They’re just working from different evidence.
In all three New England states, the recorded deed controls land ownership. But the deed is only as precise as the description it contains, and when descriptions conflict or reference landmarks that no longer exist, courts have to interpret what the parties originally intended.
The Role of Surveys, Deeds, and Title Chains
Before you can resolve a boundary dispute, you need to understand what you own. That means getting a current survey from a licensed land surveyor. In Massachusetts, surveyors are licensed under M.G.L. Chapter 112, Sections 81D through 81T. Rhode Island requires licensure under R.I. Gen. Laws Section 5-8.1-1 et seq. Connecticut licenses land surveyors under C.G.S. Section 20-300b.
A survey establishes the “record boundary,” meaning the line that results from interpreting the written instruments in your chain of title. But courts in all three states recognize that the record boundary is not always the legally controlling boundary. Two doctrines frequently override it.
The first is a practical boundary by acquiescence. If two neighbors treat a particular line as the boundary for a long period of time, courts may rule that the practical line has become the legal line, regardless of what the deed says. In Massachusetts, the Supreme Judicial Court has recognized acquiescence as a basis for establishing boundaries when both parties have treated a visible marker as the dividing line. Rhode Island courts apply similar principles, looking at whether the parties mutually recognized and accepted a particular line over a substantial period.
The second is adverse possession, which allows a person who openly, continuously, and exclusively possesses land belonging to another to eventually acquire legal title to it. This is one area where Rhode Island, Massachusetts, and Connecticut diverge meaningfully.
Adverse Possession: How Three States Differ
In Rhode Island, the adverse possession period is also 10 years under R.I. Gen. Laws Section 34-7-1, but the statute requires the possessor to have held under “color of title,” meaning they must have had a written instrument, even a defective one, that claimed ownership. Without color of title, adverse possession claims are substantially harder to establish in Rhode Island.
In Massachusetts, the adverse possession period is 20 years under M.G.L. Chapter 260, Section 21. The possessor must demonstrate open, notorious, exclusive, and hostile possession for the full period. “Hostile” in this context does not mean aggressive; it simply means the possessor used the land as their own without the true owner’s permission. Massachusetts courts have also addressed the “good faith” question, but it is not a required element of adverse possession; a bad-faith encroacher can still prevail if the other elements are met.
In Connecticut, adverse possession requires 15 years of open, visible, exclusive, and hostile possession under C.G.S. Section 52-575. Connecticut courts have emphasized that the possession must be “as owners do,” meaning the possessor treated the land in the same manner as an owner of similar property would.
Why does this matter practically? If your neighbor has been mowing a strip of your land for 18 years and you are in Massachusetts, you may already have a problem. In Rhode Island, whether that neighbor has any written documentation matters enormously.
Options for Resolving the Dispute
So you have a boundary problem. What do you do about it?
Negotiation is always the first move. In practice, many boundary disputes can be resolved by a direct conversation, ideally with both parties reviewing the same survey. If the surveys agree, the resolution is often just formalizing the correct line with a boundary line agreement, which is a written document signed by both neighbors and recorded in the land records. It is simple, relatively inexpensive, and gives everyone certainty going forward.
Mediation is the logical next step when direct conversation has broken down. All three states have mechanisms for private mediation of property disputes. Mediation keeps the dispute out of court, costs far less than litigation, and preserves the neighbor relationship in a way that a lawsuit rarely does. If both parties agree to a resolution, a mediator can help structure it into a binding document.
Litigation becomes necessary when one party refuses to engage, the stakes are too high to compromise, or the legal title itself is clouded. In that case, the appropriate action is a suit to quiet title, which asks a court to definitively determine who owns a disputed parcel and to issue a judgment resolving all competing claims. Rhode Island superior courts, Massachusetts Land Court, and Connecticut superior courts all have jurisdiction over these actions. Massachusetts is somewhat unusual in having a specialized Land Court with dedicated expertise in title disputes, which can make litigation more efficient in the Commonwealth than in some other states.
Litigation is slow, expensive, and uncertain. A quiet title action can take two to four years and cost tens of thousands of dollars in attorney fees and expert witness costs. It is sometimes the right answer, but only after the other options have been genuinely exhausted.
How to Protect Yourself
The single most useful thing a property owner can do is commission a current survey when they purchase property and record a proper boundary line agreement if there is any ambiguity about the lines. Do not rely on the 1987 survey the seller provided at closing. Land has a way of shifting, walls move, and the cost of a current survey is trivial compared to the cost of a boundary dispute ten years later.
If you discover an encroachment, send a written notice to the neighbor promptly. This prevents the adverse possession clock from running, establishes a clear record that the possession was not permitted, and creates the documentation you will need if litigation becomes necessary.
Keep records. Photographs of the boundary, documentation of any encroachments, copies of all correspondence with the neighbor, and a current survey form the foundation of your legal position if the matter goes to court.
Contact Sayer, Regan & Thayer for more information on this topic.
This article is intended for general informational purposes and does not constitute legal advice. Boundary disputes involve specific facts and legal questions that require the advice of a licensed attorney in your state. If you are dealing with a property line dispute, consult a real estate attorney before taking action.
Frequently Asked Questions
My neighbor built a fence six inches over the property line. Do I have to go to court to get it removed?
Not necessarily, and court should be your last resort. Start with a written demand letter that references the survey and requests removal by a specific date. If the neighbor does not respond, mediation is the next step. Litigation is available if everything else fails, but a fence encroachment that is documented clearly on a current survey is often resolved without a judge.
Can I lose part of my property to a neighbor through adverse possession even if I have a fence marking the boundary?
Yes. The presence of a fence does not automatically prevent adverse possession if the fence is in the wrong location and the neighbor has been treating the land on their side of it as their own for the statutory period. The fence is evidence, but it is not conclusive. This is why getting a current survey and immediately addressing any encroachments in writing matters so much.
What is a “boundary line agreement” and do I need one?
A boundary line agreement is a written contract between adjacent landowners that establishes the agreed location of their common boundary. It gets recorded in the land records, which means it binds future owners as well. You need one any time there is ambiguity in the existing deed descriptions or when two surveys produce different results. It is far cheaper and faster than litigation, and it protects both neighbors.
How does the Massachusetts Land Court differ from regular court for boundary disputes?
The Massachusetts Land Court is a specialized trial court with exclusive or concurrent jurisdiction over title-related matters, including actions to quiet title and disputes involving registered land. Because its judges hear property cases exclusively, they tend to move more efficiently and understand the technical aspects of survey evidence and title examination better than a general civil court. If you have a serious boundary dispute in Massachusetts, filing in Land Court is usually the right choice.