You are ready to buy a home, and the title commitment lists a problem. A neighbor’s fence crosses the line, or a survey shows an overlap. An open boundary line dispute can slow down or stop a closing. Here is what it means and what can be done.
How It Shows Up
Boundary issues often appear in a survey or as an exception in a title commitment. The exception may mention an encroachment, a gap or a conflict with a neighbor’s deed.
Why It Matters
Lenders want clear title and a clean survey. Title insurers may refuse to cover the disputed area. A buyer may also worry about future conflict with neighbors.
Options Before Closing
- Get a new survey. A licensed surveyor can confirm where the line truly is.
- Negotiate with the neighbor. A recorded boundary agreement or easement may resolve the issue.
- Ask the seller to fix it. The contract may require the seller to cure title defects within a set time.
- Request title coverage. In some cases, a title insurer may offer coverage after review.
- Cancel if allowed. Some contracts let a buyer cancel if title cannot be cleared.
Court Options
If agreement fails, the owner may file a quiet title action under Chapter 65 of the Florida Statutes. A court can then decide where the boundary lies. This can take time.
Adverse Possession Concerns
Some boundary disputes involve claims of long-term use. In Florida, adverse possession rules are strict and often require seven years of possession and, without color of title, payment of property taxes.
The Bottom Line
An open boundary line dispute does not always end a deal, but it needs careful handling. Kearney Law assists clients with title review, closings and real estate disputes in Florida.
*This article is general information about Florida law, not legal advice. Every case is different.*
