Boundary Disputes in New Jersey: How to Resolve Property Line Conflicts

What Is a Boundary Dispute?

A boundary dispute arises when neighboring property owners disagree about the location of the property line between their parcels. These disputes can involve fences, driveways, structures, or landscaping that one owner believes encroaches on their land.

Common Causes of Boundary Disputes

• Inaccurate or outdated surveys — older surveys may not reflect current legal descriptions
• Conflicting deeds — errors or ambiguities in recorded deeds
• Adverse possession claims — a neighbor who has openly used a strip of your land for many years may claim legal ownership
• Encroachments — a fence, shed, or driveway built over the property line
• Easements — disputes over the scope or location of a right-of-way

How Boundary Disputes Are Resolved

Step 1: Get a Current Survey The first step in any boundary dispute is obtaining a current survey from a licensed New Jersey land surveyor. The survey will establish the legal boundary based on the recorded deed description and surrounding monuments.

Step 2: Review the Chain of Title An attorney can review the deeds and title history for both properties to identify any ambiguities or conflicts in the legal descriptions.

Step 3: Negotiate Many boundary disputes are resolved through negotiation — agreeing to a boundary line agreement or adjusting the location of a fence or structure.

Step 4: Mediation If negotiation fails, mediation can provide a cost-effective alternative to litigation.

Step 5: Litigation If all else fails, a quiet title action or trespass lawsuit can be filed in the Superior Court to have a judge determine the legal boundary.

Adverse Possession in New Jersey

Under New Jersey law, a person who has openly, notoriously, exclusively, and continuously possessed another's land for 30 years (or 60 years for government land) may acquire legal title through adverse possession. If a neighbor has been using a strip of your land for decades, you should consult an attorney immediately.

This article is for general informational purposes only and does not constitute legal advice.