Resolving Boundary Disputes: A Guide for Property Owners

If you're facing a boundary dispute in Michigan, it's important to understand your legal rights, the dispute resolution process, and how a knowledgeable attorney can help you protect your interests. Confidant Consult, PLLC serves clients in Grand Rapids, Michigan and the surrounding areas, including assisting with boundary dispute cases.

Here, we’ll walk you through the essentials of resolving boundary disputes, including common causes of disputes, the legal roadmap in Michigan, and your options for resolution. Understanding these basics will help you know how to move forward and give you the ability, with our attorneys, to address your boundary dispute issues.

The Basics of Boundary Disputes

A boundary dispute occurs when two neighboring property owners disagree about where one property ends and the other begins. These disagreements often stem from unclear property lines, encroachments, adverse possession claims, or easement rights.

In Michigan, these disputes can become complicated because they often involve historical use, outdated surveys, conflicting deeds, or informal agreements between past property owners. Resolving them isn’t just about reviewing a map - it’s a legal process that requires careful analysis and, often, legal action.

Common Causes of Boundary Disputes

There are multiple reasons a boundary dispute might occur, each of which require a different response. If you believe you’re involved in a boundary dispute, reach out to our firm to speak with one of our lawyers. We can help you determine what might be the cause of your boundary dispute. Here are some of the most common causes:

• Inaccurate or outdated surveys: Surveys are used to determine the exact legal boundaries of a property. However, older surveys may lack precision or use outdated landmarks. Property owners relying on these documents might inadvertently encroach on a neighbor’s land.

• Encroachments: Encroachments occur when a structure, such as a fence, garage, driveway, or shed, extends beyond a property line. In some cases, the encroachment is unintentional, while in others, it may stem from deliberate overreach.

• Adverse possession: Michigan law allows for adverse possession under certain conditions. If someone occupies and uses part of another person’s land openly, continuously, and without permission for 15 years or more, they may be able to claim legal ownership of that land.

• Easement disputes: An easement gives one party the right to use part of another's property for a specific purpose, such as access to a road or utility. Disagreements often arise over the extent of the easement or whether it exists at all.

• Changes in landscape or usage: Michigan's natural terrain, especially in rural and wooded areas, can change over time. Trees, fences, or landmarks used to define boundaries may disappear, shift, or degrade, leading to confusion and disagreement.

Now that we’ve covered the common causes of boundary disputes, let’s break down some of the key legal concepts you might encounter as you address these disputes in court. For further help understanding these concepts, contact our law office to set up a consultation with one of our civil litigation attorneys.

Doctrine of Acquiescence

One of the more unique aspects of Michigan boundary law is the doctrine of acquiescence. Under this principle, if two neighboring landowners treat a certain boundary (like a fence or a tree line) as the actual dividing line for a period of 15 years or more, even if that line differs from the legal boundary, courts may recognize the "agreed-upon" boundary as the new legal line.

This doctrine is commonly used in Michigan courts to settle longstanding disputes where both parties have, perhaps unknowingly, accepted a certain line as the de facto boundary. If you think this may be the case for you, contact our attorneys to see how we can help you address the situation.

Adverse Possession

Adverse possession is another legal avenue through which someone may gain ownership of disputed land. To claim adverse possession in Michigan, the claimant must show:

• Open and notorious use (not hidden or secret)

• Exclusive use (not shared with the owner)

• Hostile use (without permission)

• Continuous use for a minimum of 15 years

Adverse possession claims can be difficult to prove, and they often require detailed evidence and witness testimony. If this is the case for your boundary dispute, working with an experienced attorney is essential.

Trespass and Injunctive Relief

If a neighbor encroaches on your land, you may be able to file a trespass action. In such cases, the court can order injunctive relief, requiring the neighbor to remove the encroaching structure or cease using your land. 

Preventing Boundary Disputes

The best way to handle a boundary dispute is to avoid one in the first place. As a property owner in Michigan, taking a few proactive steps can go a long way toward preventing misunderstandings and protecting your investment. While not every dispute can be avoided, here are some practices to help prevent problems:

• Get a survey before buying property: Don’t rely solely on property descriptions in the deed. A professional survey can uncover encroachments or inconsistencies before you purchase.

• Mark your boundaries: Use visible markers such as fences, posts, or landscaping. But make sure they're placed based on the actual surveyed boundary.

• Talk to your neighbors: Communication can resolve many disputes before they escalate.

• Put agreements in writing: If you and your neighbor agree on a boundary, document it formally with a boundary line agreement and have it recorded.

By taking these simple precautions, you not only avoid future legal trouble, but you also create a clearer, more respectful understanding with your neighbors. Investing a little time and diligence today can spare you the headache of a legal dispute tomorrow.

Alternative Dispute Resolution (ADR) Options

In many Michigan counties, courts encourage or require mediation before a boundary case goes to trial. Mediation allows both parties to work with a neutral third-party mediator to try to reach a mutually acceptable resolution. This process is confidential, collaborative, and often less adversarial than formal litigation, which can help preserve ongoing neighbor relationships.

Mediation offers several advantages, such as being less expensive than litigation, and offering more control over the outcome of the case. The parties themselves retain the power to shape the terms of any agreement. Even if mediation doesn’t fully resolve the issue, it can help narrow the dispute, reduce legal fees, and allow for a more efficient trial if needed.

Costs and Timeline

Boundary disputes can be expensive, especially if they proceed to litigation. Costs typically include attorney’s fees, surveyor fees, filing and court costs, and witness fees. In more complicated cases, additional expenses may arise from title searches, land appraisals, or obtaining historical property records. These costs can add up quickly, particularly if multiple court appearances, depositions, or appeals are involved.

Timelines vary depending on the intricacy of the case, the court’s docket, and the willingness of both parties to cooperate. On average, litigation can take anywhere from 6 to 18 months, or longer, especially if the case is contested or involves extensive discovery. Delays may also occur if expert testimony or surveys are needed, or if the court orders mediation.

In contrast, negotiated resolutions or mediation can resolve matters in just a few weeks or months, often with significantly lower financial and emotional costs. While legal disputes over property boundaries are rarely resolved overnight, working with an experienced attorney who can guide you toward effective solutions can help keep your case on track.

Contact a Civil Litigation Attorney for Your Boundary Dispute Today

Boundary disputes in Michigan can be emotionally and financially draining, but they don’t have to be. With the right legal guidance, you can resolve disagreements professionally and permanently. Our attorneys at Confidant Consult, PLLC serve residents of Grand Rapids, Michigan. Our role is to advocate for your property rights, guide you through the legal process, and provide clarity for your situation. Contact us today to learn how we can help resolve your boundary dispute.