Peacock Tales

Volume 19, Number 2 · April 2009

Whose Hedges Are Those to Cut?

Boundary Disputes in Pennsylvania Can Be Lengthy and Expensive

If you own real estate in Pennsylvania, you probably think you know where the boundaries are. Depending on what you have said to your neighbor, or what you and your neighbor have done with the property in the past, you may or may not be right. Unfortunately, contentious, lengthy and expensive lawsuits can arise from confusion about boundaries.

Boundaries are not always as distinct as you would like them to be, or as defined as you think they are. Even if you had your property surveyed, there still may be boundary conflicts or lack of clarity. Two surveyors, working from opposite directions, may end up with boundaries that overlap, or two competing surveys may leave property unclaimed between two tracts. Although surveys are extremely important and very helpful in defining your boundaries, they are not always the final answer. Over the years, by your actions or inactions, you may have gained or lost property, or established a lasting boundary, without even realizing it.

Two important similar concepts can cause this to happen. The first is adverse possession, and the second is consentable boundary.

Under the doctrine of adverse possession, if your neighbor has taken possession of your property against your wishes, and has done so openly and obviously for 21 years continuously, your neighbor may have gained possession of that piece of property. The key words are: continuous and obvious (not hidden), and adverse (against your wishes). Thus, if you agree that your neighbor may use a portion of your property for a period of time that breaks that 21 year span, you may be successful in defeating your ungrateful neighbor's later claim of adverse possession.

The doctrine of consentable boundary also operates on a 21 year timetable, but differs significantly from adverse possession. It is based on agreement or acquiescence. In other words, if you and your neighbor establish some sort of boundary, such as a line of trees, a fence, or even a demarcation of mowed grass, and you do so with either explicit or tacit agreement, you may have created a permanent boundary if you live with that boundary for 21 years. In this respect, it is different from adverse possession. You may have believed it was the neighborly thing to do to accept the line of trees or fence that your neighbor established, even knowing that he was on your property and thinking that this would defeat his later adverse possession claim. But if you live with that boundary for 21 years, having agreed to it and having allowed him to use your property as if it were his, you may have established a consentable boundary which can be enforced.

Twenty-one years can pass faster than you think. Before you know it, your property lines may have changed, either by adverse possession or consentable boundary. There are some simple steps you can take to avoid or minimize boundary problems, sparing yourself costly litigation. Get an official survey. Put any understanding you have with your neighbor in writing, defining the exact nature and duration of your agreement. If you find yourself in disagreement with your neighbor as to where the property lines are, remember your actions, or your neighbor's, may have changed the lines to your benefit or detriment, depending on the historical facts. One would hope that neighbors would get along with each other and live in harmony, but if you reach a point where that's not likely to happen due to a boundary issue, please contact us at Peacock Keller for assistance.