Boundary Dispute Liability Scenarios

Question 1: Who Installed the Encroachment?

Liability primarily rests with the party who actively caused the encroachment.

• Active installation: Did you build the fence, shed, or structure?
• Prior owner: Did the encroachment exist before you purchased the property? (Existing encroachments may still carry liability but involve different legal defenses).
• Contractor error: Did a hired professional place it in the wrong location? (Potential third-party liability).

Analysis: Courts typically hold the current owner responsible for maintaining the encroachment, but damages for installation may shift depending on who performed the work.

Question 2: Was a Survey Performed?

The existence and timing of a survey are critical liability factors.

• No survey: Computing construction without a survey is often viewed as "at-risk" behavior. Verify your coordinates now to prevent initial errors.
• Reliance on old survey: Relying on a previous owner's survey or an outdated plat may not provide legal protection.
• reliance on new survey: If you built strictly according to a licensed surveyor's stakes, liability may shift to the professional surveyor.

Question 3: Is Adverse Possession a Factor?

Long-standing encroachments may ripen into legal ownership through adverse possession mechanisms.

• Duration: Has the encroachment existed for the statutory period (typically 7-20 years)?
• Open and Notorious: Was the use obvious to the true owner?
• Hostile/Adverse: Was it done without the neighbor's permission?

Analysis: If adverse possession requirements are met, "liability" for trespass may be nullified because the encroacher has become the legal owner.

Liability Outcome Scenarios