Mistakes

The Mistake of Assuming a Seller Knows Property Boundary Lines

Assuming a seller precisely knows his or her property boundary lines is a common mistake that can unravel a deal later in the process. Disputes over encroachments, easements, or shared features often surface during title work or surveys, leading to unexpected delays or cancellations.

November 9, 2026 · 3 min read

Why sellers might be mistaken about boundaries

Many homeowners have lived in their properties for decades without ever seeing a formal survey. Their understanding of boundary lines often comes from fences, hedges, or even informal agreements with neighbors, which might not align with legal descriptions.

Over time, property markers can disappear, and land features can change. A seller might genuinely believe a certain tree or old fence marks his or her boundary, when legally, the line is several feet in a different direction. This is rarely intentional misrepresentation, but rather a lack of precise knowledge.

The impact on title and survey

The legal description on the deed, which defines the property's boundaries, is what matters most. If your assumptions or the seller's informal understanding conflicts with a new survey, you can face serious title issues. An encroachment occurs when a structure from an adjacent property crosses over the legal boundary, or vice-versa.

Easements, which grant another party the right to use a portion of the property for a specific purpose (like utilities or access), can also be misunderstood or forgotten by a seller. These unaddressed issues can make the property unmarketable to an end buyer or complicate future development.

Early warning signs during initial conversations

Listen for vague descriptions when a seller talks about his or her property's edges. If he or she says "it goes about to that big oak tree" or "where my neighbor's fence used to be," these are red flags. Ask direct questions about shared driveways, fences, or features that might cross perceived lines.

Sometimes a seller will mention old disputes with neighbors over a sliver of land or a tree. These anecdotes, even if seemingly minor, indicate a history of boundary ambiguity that warrants further investigation on your part.

Steps to verify property lines yourself

Start by pulling the property's legal description from public records. Compare it with a plat map, if available, which visually represents the property's boundaries. You can often find these documents at the county recorder's or assessor's office.

For more complex situations or properties with ambiguous legal descriptions, ordering a boundary survey from a licensed surveyor is a prudent step. While it adds a cost, it can prevent a deal from falling apart later and protect you from liability.

Incorporating boundary checks into due diligence

Make boundary verification a standard item on your due diligence checklist. This means not just glancing at the deed but actively seeking out and reviewing plat maps, old surveys, and if necessary, commissioning a new survey.

Even if the seller provides an old survey, compare it with the current physical condition of the property and any visible markers. Technology like GIS mapping tools can also provide helpful visual overlays, though these are not legally binding without a professional survey.

Not legal advice

This information is for educational purposes only and is not legal advice. Property boundary issues can be complex and are governed by specific state and local laws. Always consult with a qualified real estate attorney or licensed surveyor for any specific concerns regarding property lines or legal descriptions.

Questions people ask

What is an encroachment?

An encroachment is an unauthorized intrusion of a building or other improvement onto another person's land. This could be a fence, a shed, or even part of a building that crosses the property line.

Do I always need a new survey?

Not always, but it is highly recommended if the existing survey is old, if there are any visible boundary disputes, or if the property's legal description is complex or unclear. Your title company might also require one.

Can a deed be wrong about boundaries?

While rare, a deed can contain errors in its legal description. These errors can usually be corrected through a quiet title action or other legal processes, but they will cause significant delays and costs.