Bluebird
Selling a House With a Boundary or Shared Driveway Dispute
Boundary problems almost never announce themselves while you're living in a house. The fence has been there for twenty years. You and the neighbor have shared the driveway since before either of you can remember, trading off who shovels. Then a buyer orders a survey, and the drawing shows your fence three feet onto the neighbor's lot, or the shared driveway turns out to have no written agreement behind it at all. Suddenly, a friendly arrangement is a title issue.
The question most sellers ask first ("Can my neighbor take my land?") has a different answer in each state we serve. This post walks through how these disputes surface, how Florida, New Jersey, Connecticut and New York treat them, and the practical fixes that get a house sold.
- Boundary problems usually surface through the buyer's survey, the title commitment, a neighbor's objection, or a shared driveway with no recorded agreement.
- Adverse possession periods differ sharply: 10 years in New York, 15 in Connecticut, 7 in Florida (and a claimant without a deed or other color of title must also have paid the property taxes) and 30 in New Jersey.
- In New York, fences, hedges, sheds and similar minor encroachments are treated as permissive, so they generally can't ripen into ownership.
- A recorded shared-driveway agreement or boundary-line agreement is usually the cleanest fix, and it's far easier before a buyer is waiting.
- Disclose known boundary disputes; the buyer's survey and title insurer will likely find them anyway.
How boundary problems surface during a sale
There are four common triggers:
- The survey. A new boundary survey shows a fence, driveway, shed or addition that crosses the property line in one direction or the other.
- The title commitment. The title company lists survey exceptions that the buyer's attorney or lender won't accept.
- A neighbor. The neighbor sees the "For Sale" sign and decides now is the time to raise an old grievance.
- A shared driveway with nothing in writing. Without a recorded maintenance and access agreement, lenders and buyers worry about who has the right to use it, who plows and repairs it, and who's liable if someone gets hurt. Many lenders and title insurers want a recorded agreement before they'll close.
Access rights and boundary lines are closely related. If your issue is really about someone's right to use part of your land (a path, a driveway or a utility line), our companion post on how easements and right-of-ways affect selling goes deeper on that side.
Can a neighbor actually take your land? It depends on the state
Adverse possession lets someone gain title to land they've occupied openly, continuously and without permission for a period set by state law. The periods and conditions vary more than most people expect:
- New York: 10 years, and since 2008 the claimant also needs a "claim of right," a reasonable basis to believe they owned the land. More importantly, New York's RPAPL 543 says that minor, non-structural encroachments (fences, hedges, shrubbery, plantings, sheds and non-structural walls) are treated as permissive and non-adverse. Mowing and routine maintenance don't count either. So a neighbor's fence a few feet over the line generally won't turn into ownership in New York.
- Connecticut: 15 years for adverse possession (CGS 52-575), and the same 15 years for a prescriptive easement.
- Florida: 7 years, but with a condition that makes claims rare. A claimant without color of title must pay all property taxes on the land and file a return with the property appraiser. Florida's prescriptive easement period is 20 years.
- New Jersey: 30 years (60 for woodlands or uncultivated land), the longest of the four. New Jersey's prescriptive easement period is unsettled, with sources split between 20 and 30 years. A March 2026 appellate case, Shea v. Dipopolo, was a driveway dispute of exactly this kind — proof that this question is still actively being litigated, not settled law. Get a New Jersey attorney's read before relying on any single number.
The fixes, from simplest to most involved
- Get a new boundary survey so everyone is working from the same facts.
- Move the fence or structure, if it's cheap and the neighbor agrees.
- Sign a boundary-line agreement (or exchange quitclaim deeds) that adjusts the line to match reality, and record it.
- Record a shared-driveway agreement. This is a reciprocal easement and maintenance agreement signed by both owners, covering access, snow removal, repair costs and liability.
- Apply for a lot-line adjustment through the municipality. This may need planning or zoning approval.
- Use title insurance with survey coverage to cover a known, minor encroachment.
- File a quiet title or declaratory judgment action when the neighbor won't cooperate. Our guide to quiet title actions explains how that works and how long it can take.
- Sell as-is with full disclosure to a buyer who accepts the risk.
If the encroachment is an addition or structure that also violates setback rules, it may double as a zoning problem; see our guides to unpermitted work and selling with code violations.
What you have to disclose
Connecticut's and New York's disclosure forms ask about boundary disputes and encroachments. In New Jersey and Florida, courts impose a duty to disclose known material issues (Weintraub in NJ, Johnson v. Davis in FL). Beyond the law, there's a practical reason to be upfront: the buyer's survey and title insurer are designed to find exactly these problems, and a dispute that surfaces mid-deal is one of the classic reasons sales fall apart before closing.
Frequently Asked Questions
Can I sell my house if my neighbor's fence is on my property, or mine is on theirs?
Yes. Disclose it, and ideally resolve it first with a recorded boundary-line agreement or by moving the fence. The buyer's survey and title insurer will find it anyway.
Can my neighbor take my land just by using it long enough?
Only in narrow circumstances and after long periods: 10 years in New York (where fences, hedges and sheds don't count), 15 years in Connecticut, 7 years in Florida (and a claimant without a deed or other color of title must also have paid the property taxes) and 30 years in New Jersey.
We share a driveway but never signed anything. Is that a problem?
It can be. Get a recorded shared-driveway agreement signed by both owners before you list. Many lenders and title insurers want one, and it removes a common reason buyers walk.
Do I need a lawyer to fix a boundary dispute before selling?
For anything beyond moving a fence, yes. Boundary-line agreements and quiet title actions are legal documents, and in New York, New Jersey and Connecticut attorneys handle closings anyway.
Your Neighbor Doesn't Get the Final Say on Your Sale
A boundary dispute can feel personal, especially after years of living next to someone. But it's a legal and survey question with defined answers, and the law in every one of our states makes it hard for someone to take land they don't own. You can negotiate an agreement, go to court, or hand the problem to a buyer who's comfortable resolving it after closing.
At Bluebird Acquisition, we buy homes with fence encroachments, survey problems and shared driveways that have no written agreement, as-is. In most cases, you don't need your neighbor's signature or a court order before we close. We price the issue in and resolve it ourselves after the sale.
📞 Call or text us directly at 217-408-2781
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This article is general information, not legal, financial, or tax advice. Laws, processes, and programs vary by state — consult a licensed attorney, CPA, or financial advisor before making decisions about a specific property.
