What Are the Legal Steps for Resolving Disputes Over Property Boundaries?
July 26, 2025
Property boundary disputes can cause significant stress and tension between neighbors or parties involved.
When a disagreement arises over where one property ends and another begins, it can affect the use and value of real estate, and sometimes even lead to costly legal battles.
In Georgia, real estate boundary disputes often involve reviewing deeds, surveys, and other documentation to determine the true property lines. At Mitchell & Mitchell, PC in Dalton, Georgia, we provide dedicated real estate legal services to help clients resolve property boundary disputes efficiently and protect their property rights.
1) Property Boundary Disputes
Before looking into the legal steps, it helps to know what causes these disputes. Property boundaries are defined by legal descriptions in deeds, surveys, or plats. But when those descriptions are unclear, outdated, or conflicting, disagreements can arise.
Some common reasons for boundary disputes include:
Old or inaccurate property surveys: Sometimes surveys done decades ago didn't use precise equipment, leading to discrepancies.
Conflicting deeds: Overlapping or vague property descriptions in deeds may create confusion.
Natural changes to the land: Shifts caused by erosion, rivers changing course, or construction can alter visible boundaries.
Fence or structure placement: A neighbor may build a fence or structure that encroaches on your property, intentionally or unintentionally.
Resolving disputes early can prevent damage to relationships and reduce legal costs. Now, let's look at how to address these disagreements through legal channels.
2) Review Your Property Documents
The first legal step in resolving a boundary dispute is to gather and examine all property-related documents you have access to. This helps clarify your position before talking to neighbors or hiring professionals.
Here’s what to review:
Property deeds: Look closely at the legal descriptions and any boundary language.
Surveys or plats: Check if there are recent surveys that mark boundary lines.
Title insurance policies: They might include information about boundaries or disputes.
Previous agreements or easements: Any written agreements affecting property use should be reviewed.
By reviewing these documents, you gain a better understanding of what your rights are and whether the dispute has a clear basis in fact or law. If documents are missing or unclear, you may need to order a new survey.
3) Talk to Your Neighbor
Before pursuing formal legal action, it’s often helpful to discuss the dispute with your neighbor. Open communication can sometimes resolve misunderstandings or disagreements without escalating tensions.
When talking:
Remain calm and respectful: Approach the conversation to find a fair solution.
Share your documents: Show deeds or surveys that support your understanding of the boundary.
Listen to your neighbor's perspective: They may have valid points or documentation to share.
Consider informal agreements: If you both agree on a boundary, a written agreement can be drafted to avoid future conflicts.
If your neighbor refuses to cooperate or disputes the facts, the next legal steps might be necessary. For more information, get in touch with Attorney William J. Kimsey at our firm today.
4) Hire a Licensed Surveyor
When the boundary lines are unclear or contested, a professional surveyor can provide an objective assessment of the property. In Georgia, licensed surveyors use specific tools to measure and mark property boundaries based on deeds, plats, and physical markers.
Here’s what to expect from the survey process:
Research title and deed information: The surveyor will review your property documents.
Physical inspection of the land: They’ll look for existing boundary markers, fences, or natural landmarks.
Boundary line determination: Using measurements and legal descriptions, the surveyor will map your property lines.
A written survey report and plat: This official document can be used as evidence if legal action becomes necessary.
Having a survey done helps clarify the dispute and can serve as a basis for negotiations or court proceedings.
5) Consider Mediation or Alternative Dispute Resolution
If you and your neighbor can’t agree on the boundary after reviewing documents and surveys, mediation or other alternative dispute resolution (ADR) methods can be the next step. These options avoid costly court battles by bringing in a neutral third party to help resolve the dispute.
Benefits of mediation or ADR include:
Lower costs compared to litigation
Faster resolution
Maintaining neighborly relations
Flexible, creative solutions that courts may not order
A mediator listens to both sides and facilitates a conversation to reach a mutually acceptable agreement. If an agreement is reached, it can be drafted into a legally binding contract.
If mediation fails or is rejected by either party, filing a lawsuit might be necessary.
6) File a Boundary Lawsuit
When informal and ADR methods don’t work, the next legal step is to have an experienced real estate law firm file a lawsuit in the Georgia Superior Court to settle the property boundary dispute. This action asks a judge to review the evidence and make a final determination on where the property lines lie.
Key points about boundary lawsuits:
You’ll file a complaint outlining your claim and the dispute
Your neighbor will be served and have a chance to respond
Both parties gather evidence, including surveys, deeds, witness testimony, and professional opinions
The court examines the facts and applicable law to decide the boundary location
A judge issues a judgment, which legally fixes the boundary lines
Court cases can be time-consuming and expensive, so they're usually considered a last resort after other options fail.
7) Enforce the Court Judgment
Once a judge issues a judgment on the property boundary, that decision is legally binding. Both parties must abide by the court's determination. If your neighbor violates the judgment by encroaching on your property again, you can seek enforcement through additional legal action.
Enforcement steps may include:
Filing a motion for contempt of court if the judgment is ignored
Requesting injunctive relief to stop the ongoing encroachment
Seeking damages for any harm caused by the violation
Having a court judgment provides a strong legal basis to protect your real estate rights.
8) Update Property Records and Boundaries
After resolving the dispute, it's important to update public records and your own documentation to reflect the correct property lines. This helps prevent future disagreements and provides clear evidence of your property's boundaries.
Actions to take include:
Recording the survey plat or court judgment with the county clerk or recorder’s office
Updating your title insurance policy if necessary
Installing permanent boundary markers or fencing according to the resolved lines
Informing any relevant parties, such as homeowners associations or adjacent landowners
Taking these steps helps maintain your property’s value and reduces the chance of future boundary issues.
Additional Considerations for Boundary Disputes in Georgia
Georgia law recognizes several legal doctrines that may affect boundary disputes, such as:
Adverse possession: If a neighbor has openly occupied part of your property for a certain period (usually 20 years), they might claim ownership of that land.
Boundary by agreement or acquiescence: Sometimes neighbors agree on a boundary line that differs from the deed, and courts may honor that agreement if it's been followed for years.
Fence law: Georgia has specific rules about fencing between properties, including responsibilities for maintenance and costs.
Understanding these doctrines can be important, so consulting with a real estate attorney knowledgeable about Georgia property law can provide guidance specific to your case.
When to Consult a Real Estate Attorney
While some boundary disputes can be resolved through communication and surveys, others may require professional legal advice. A real estate attorney can help by:
Reviewing your documents and evidence
Explaining your legal rights and options
Negotiating with the opposing party or their attorney
Representing you in mediation or court
Drafting agreements or settlement documents
Getting legal advice early on can prevent costly mistakes and help you protect your real estate interests effectively.
Reach Out Today
Property boundary disputes can put a strain on relationships and threaten the value of your real estate, but following the right legal steps can help you resolve these conflicts fairly.
A real estate attorney can provide valuable guidance tailored to your situation and help you protect what’s yours. Located in Dalton, Georgia, At Mitchell & Mitchell PC, we serve clients throughout Northwest Georgia, including Chatsworth, Ringgold, Lafayette, Calhoun, Ellijay, and Blue Ridge. Contact us today.