When a Florida Property Survey Reveals a Boundary Dispute

By: Scott Beatty, Esq.

You order a property survey before purchasing a home, installing a fence or beginning a construction project. When the results arrive, you discover something unexpected. Your neighbor’s fence extends several feet onto your property, a driveway crosses the property line, or part of a building appears to sit on someone else’s land. What seemed like a routine survey has now raised questions about property ownership and your legal rights.

A Florida boundary dispute can arise when neighboring property owners disagree about where one property ends and another begins. Although a survey may identify a potential encroachment or conflicting boundary, it does not necessarily resolve the underlying legal issues. Understanding what the survey reveals and taking appropriate steps early can help property owners avoid costly mistakes, particularly when a pending sale or construction project is involved.

What Does a Property Survey Actually Tell You?

A property survey identifies land boundaries based on recorded legal descriptions, available property records, physical evidence and measurements taken by a licensed surveyor. Depending on the type and scope of the survey, it may also identify improvements such as fences, driveways and buildings in relation to those boundaries.

When a survey reveals that an improvement crosses a property line, it may indicate an encroachment. However, recorded easements, historical agreements, conflicting legal descriptions or other property interests may affect the parties’ rights. Determining whether an encroachment is legally actionable may therefore require reviewing documents and circumstances beyond the survey itself.

Common Boundary Problems Revealed by Florida Property Surveys

A property line dispute in Florida can involve small discrepancies or substantial improvements that affect land use. Common examples include:

• Encroaching fences. A fence may have been installed beyond the property boundary because previous owners relied on an incorrect assumption about where it lay.
• Driveways and access areas. A driveway, parking area or access route may extend across a neighboring parcel, raising questions about ownership and legal access rights.
• Buildings and other structures. A garage, shed, retaining wall or portion of a home may cross a boundary, potentially affecting maintenance, future improvements or a property’s marketability.
• Conflicting surveys or legal descriptions. Two surveys may identify different boundaries, or recorded documents may contain descriptions that are difficult to reconcile.
• Landscaping and other improvements. Trees, irrigation systems or patios may extend beyond the property line, creating disagreements over whether to keep or remove them.

These issues frequently surface during real estate transactions, refinancing or construction planning. In Naples and throughout Collier County, a newly discovered boundary discrepancy can create complications for residential and commercial property owners.

What Should You Do When a Survey Shows a Property Line Problem?

Discovering a potential encroachment can be frustrating, particularly when it interferes with plans to sell, develop or improve the property. Before taking action, property owners should consider several important steps:

• Review the survey with the surveyor. Ask the surveyor to explain the identified boundary, the location of the potential encroachment and any limitations or uncertainties reflected in the survey.
• Gather relevant property documents. Locate the deed, prior surveys, title insurance policies, recorded easements and any agreements concerning the boundary or use of the affected area.
• Document the existing conditions. Preserve photographs, survey drawings and relevant correspondence. Avoid disturbing boundary markers or altering physical conditions before evaluating the issue.
• Avoid removing improvements without legal guidance. Moving a fence, demolishing a structure or blocking access could create additional legal exposure, particularly when ownership or use rights remain disputed.
• Consider communicating with the neighboring owner. A measured discussion may help determine whether the neighbor is aware of the discrepancy or possesses documents that explain it. However, property owners should be cautious about making admissions or entering agreements before understanding their rights.

If the boundary problem affects a pending closing or construction project, property owners should also review applicable contractual deadlines and determine whether immediate action is necessary to preserve their rights.

Can a Neighbor Claim Ownership of Land Beyond the Surveyed Boundary?

A boundary dispute becomes more complicated when a neighbor has occupied or used the disputed area for an extended period.

For example, suppose a fence has separated two residential properties for many years. A new survey reveals that the fence sits several feet beyond the recorded boundary. The neighboring owner may believe the fence represents the established property line, particularly if previous owners treated it that way.

Depending on the circumstances, two distinct legal doctrines may become relevant:

• Adverse possession. Florida law recognizes certain property claims based on possession that meets specific legal requirements. Section 95.16, Florida Statutes, addresses adverse possession under color of title, while Section 95.18 governs adverse possession without color of title. Both involve a seven-year period, but their requirements differ significantly. A neighbor’s longstanding use of land does not, by itself, establish ownership.
• Boundary by acquiescence. This separate doctrine may apply when neighboring property owners have treated a particular line as their boundary under circumstances involving uncertainty or disagreement about the true boundary. Florida courts examine the boundary’s history and the parties’ conduct. An old fence alone does not automatically create a new legal boundary.

These claims are fact-specific and require evidence beyond the location of existing improvements. The properties’ history, prior owners’ actions, and applicable legal requirements may all influence the outcome.

What if the Survey Reveals an Easement Rather Than an Encroachment?

Not every improvement that crosses a property line is an unlawful encroachment. In some circumstances, a neighboring owner may have a legally recognized right to use part of another parcel through an easement.

An easement generally permits a person or entity to use another’s land for a particular purpose, such as access, utilities or a shared driveway. For example, a survey may show that a neighbor’s driveway crosses your property, but a valid easement may authorize that use.

Disputes can arise when the easement’s location or scope is unclear,  when the current use exceeds what the easement permits, or whether the easement right continues to have validity. Resolving these questions may require examining recorded instruments, the property’s history and the nature of the use.

Can a Florida Boundary Dispute Be Resolved Without Litigation?

Not every boundary dispute requires court intervention. Depending on the circumstances, neighboring property owners may resolve their differences through a written boundary agreement, an easement permitting continued use, relocation of an improvement or a negotiated property transfer.

Carefully document agreements affecting property boundaries or ownership rights. Certain arrangements may require formal legal descriptions, properly executed instruments and recording in the county’s public records. Mortgage interests, title insurance requirements and local development regulations may also affect the available options.

When the parties cannot reach an agreement, litigationmay be necessary. Depending on the nature of the dispute, potential legal remedies include:

• Quiet title actions. Under Section 65.061, Florida Statutes, a court may resolve qualifying competing claims affecting ownership or title to real property.
• Declaratory judgment actions. Under Section 86.011, Florida Statutes, a property owner may seek a judicial determination concerning legal rights, including rights arising under deeds or easements, when the requirements for declaratory relief are satisfied.
• Injunctive relief. In appropriate circumstances, a property owner may seek a court order requiring certain conduct or preventing continued interference with property rights.
• Trespass claims. An unauthorized physical intrusion onto another’s property may support a trespass claim, depending on the facts and available defenses.

The appropriate approach depends on the disputed property rights, the available evidence and the relief being sought. Courts may consider surveys, recorded documents, historical property use and witness testimony when evaluating competing claims.

Protecting Your Property Rights in a Florida Boundary Dispute

A boundary problem involving only a few feet of land can have significant consequences, including delayed construction, complications with a property sale or uncertainty about future ownership. Leaving the issue unresolved may also make it harder to locate records or determine how the disputed area was historically used.

When a survey reveals an unexpected property line problem, reviewing the relevant documents and understanding your legal options can help you choose an appropriate course of action before the disagreement escalates.

If you are facing a Florida boundary dispute, I may be reached at scott.beatty@henlaw.com to schedule a consultation.