The Neighbors’ Agreement: Consenting to New Property Lines

Can neighbors agree to a more useful border line between their properties, despite what’s on their deeds? As a matter of fact, your state law could say the property lines you and your neighbor treat as real can actually become the legal boundary between the properties.

This can help two parties when they consent or acquiesce to boundary lines that aren’t exactly what’s on their deeds. Maybe so, if state law fits the facts. Here’s how it’s done in a sample of states, to help you start researching your own applicable laws. 

Pennsylvania Has a “Consentable Lines” Doctrine

The Pennsylvania Supreme Court has said neighbors have authority to settle this type of boundary question. In plain terms, you could say the doctrine means: Just agree on this between yourselves.

Specifically, Pennsylvania’s consentable lines doctrine allows for a legal title change if:

• Two deed holders each claim the land on one side of their practical boundary. It’s a mutually respected boundary that differs from the boundary line identified on their deeds. They behave this way either by mistake, or out of a mutual understanding and compromise.

• They carry on this way for at least 21 consecutive years. (The 21-year span can include people they sell or rent to.)  

The courts call this a rule of repose, because it puts to rest a problem that would otherwise be an argument between the two. Consent means both sides agree to the new line for the sake of peace between the two, and relinquish any land they might have had before.

Buying title insurance at your next closing? It makes good sense for buyers to protect the rights they got with their titles against encroachments by the neighbors. Extended title policies cover loss of property through adverse possession. Adverse possession means the neighbor has openly (yet without consent) used part of your property for a statutory period of years.

Beyond Pennsylvania: What Is Acquiescence?

When you’re buying or selling property, there’s a title search. The title expert brings attention to any unresolved claims that could conflict with the seller’s deed. It’s not unusual for the title search to uncover the presence of, say, a neighbor’s driveway that encroaches on the property. Did the owners reach a compromise on this, without recording their agreement?

In any case, discoveries like this shouldn’t be a big deal — or a deal-breaker when it’s time to transfer a deed. For this reason, there’s a property law concept known as acquiescence.

Acquiescence is one way people can adjust the borderline between their properties, modifying the line from what’s in the deed.

When a property owner acquiesces to an encroachment, that means the owner decides to just let it go. The owner doesn’t confront the other party. The owner never asserts ownership rights against the other party who’s controlling the space.

A practical location can legally form a new property line, overriding the recorded survey — whether or not the two deed holders agreed upon this. It’s important for a property owner to know what happens to the title in this situation. The encroached-upon owner legally loses the title to that stretch of land. And the encroacher gains ownership of the area.

Letting It Go for 20 Years: Acquiescence in Utah

In Utah, as in Pennsylvania, the court system stepped in. Judge-made law explains what needs to take place in order to prove acquiescence in Utah:

• There’s a visible line — a wall or fence, for example.

• Both owners treat the line as their property’s border.

• No one contests this over a 20-year period. 

With acquiescence, a mistaken fence line has to be accepted as the real one for decades—literally. And yet it’s still a challenge to prove that this happened when a case like this goes to court.  

Encroaching deed holders do get a financial break for resolving a boundary dispute this way, rather than by claiming they hold land by adverse possession. Utah imposes property taxes on land acquired by adverse possession. It doesn’t tax property shifted by acquiescence.

So now we need to look for a moment at adverse possession.

Nobody Acquiesced to This Boundary. Is This Adverse Possession?

A real estate lawyer can suggest your best claim, and help you argue for alternative ways to win in court. But be aware that courts rarely agree with someone claiming land by adverse possession.

Consider Pennsylvania law and how it looks at adverse possession. First, someone has to be using somebody else’s land for 21 years. (For single units on less than an acre, it’s 10 years.)

Under the parallel law in Arkansas, the use has to go on without a break for seven years. And so forth. Each state has its rules.

Where the state’s time period is met, and if other required elements are present, the user of the land might make a legal claim to that area.

This form of changing a title is called hostile. That’s a legal term for doing things without the owner’s permission. It means there was never an agreed-upon compromise.

So, is it adverse possession? Ohio law is shaped by a case that spotlights the difference. Golubski v. United States Plastic, LLC is the story of a plastics company that bought land, then tried to enforce its boundaries against the bordering property owners. The company acted by landscaping a strip of land which one of these people, named Golubski, had long mowed and gardened. Golubski sued for ownership.

The court explained that adverse possession in Ohio is a matter of exclusively possessing land for 21 years straight, openly, but without obtaining permission. The court found that Golubski enjoyed an implied permission to garden in the area. So Golubski was not declared an owner by adverse possession. But the court did find that there was acquiescence. So, Golubski was entitled to the disputed space.

Note that adverse possession isn’t only about a neighbor’s encroachment. Anyone — not just the adjacent deed holder — can say they’re claiming land through adverse possession.

You Say You Want a Resolution?

Boundary issues often come up during a deed transfer. At that point, they can be extremely inconvenient. So, being proactive makes sense. If someone’s using part of your property, consider speaking up. Ask that the activities stop, or try to work out a compromise. As you now know, a neighborly agreement will head off adverse possession but could allow acquiescence or consent to modify your legal boundaries for good.

Meeting with a real estate attorney in your state can help you preserve your rights, and obtain a satisfactory resolution. If necessary, an attorney can help you deal with irreconcilable differences through more weighty legal actions — like ejecting the other party or pursuing a quiet title action.

Important note: Remember, we’re just getting oriented with this peek at the law in a few states. Also note that case law and statutes are subject to change. For case-specific legal guidance in boundary disputes, consult an experienced attorney.