A neighbor’s fence that sits a few feet onto your lot, a driveway shared for decades without paperwork, or a hedge everyone assumed marked the property line: boundary questions surface more often than buyers expect, and they can complicate a luxury purchase or sale. In Pennsylvania and New Jersey, long-standing use can sometimes create legal rights, and unresolved disputes can slow a closing. This guide explains the basics so you can recognize issues early and handle them with the right professionals.
Why boundary issues matter more in older neighborhoods
Philadelphia and its older suburbs include properties whose boundaries were drawn generations ago. Fences, walls, driveways, and plantings were often placed by earlier owners based on convenience or assumption. Over time, those informal arrangements can become accepted fact, even when they differ from what the recorded deed says.
In luxury real estate the stakes are higher because lots are larger, landscaping and hardscape are substantial, and buyers expect clean title. A garden wall or a pool that crosses a line is a very different problem from a stray shrub.
Encroachments: the most common scenario
An encroachment occurs when a structure or improvement extends onto a neighboring parcel. Common examples include fences, retaining walls, driveways, sheds, decks, and the eaves of an addition. A survey is usually the tool that reveals them. If a survey shows an encroachment, the questions become who owns the affected area, how long the situation has existed, and whether the neighbors are willing to document an agreement.
Adverse possession and prescriptive easements in plain English
Both states recognize doctrines that can give someone rights in land they have used openly over a long time, although the requirements are specific and strictly applied. Adverse possession is about acquiring ownership of land; a prescriptive easement is about acquiring a right to use land, such as a shared driveway, without owning it. Courts generally look at how long the use lasted, whether it was open and continuous, and whether it was permitted by the owner.
Because these cases turn on facts and statutory details, do not assume your situation fits or does not fit. A real estate attorney should evaluate any claim, and this article is general education rather than legal advice.
How to uncover boundary problems before you buy
- Order a current survey: an older survey may not reflect later fences, additions, or driveways.
- Walk the property lines: compare physical markers with the survey and ask the sellers about any informal agreements.
- Review title work: look for recorded easements, rights-of-way, and any prior agreements with neighbors.
- Ask about disputes: disclosure forms and direct questions can reveal history.
- Talk to the neighbors: when appropriate and with your agent’s guidance, a courteous conversation can clarify decades of unwritten understandings.
Resolving an issue before closing
Solutions depend on the facts. Parties sometimes sign a boundary line agreement, record an easement, adjust the lot line through a formal process, relocate a structure, or negotiate a price credit. Title insurers may also take exceptions for matters a survey reveals, so read the commitment carefully. When a neighbor is cooperative, fixes are often inexpensive; when relations are strained, build extra time into the contract or reconsider the purchase.
Selling with a known boundary question
Sellers should address known issues proactively. Get a fresh survey, understand what your disclosures require, and consider resolving the matter before listing. A documented agreement with a neighbor reassures buyers and their lenders, whereas surprises discovered late can erode trust and leverage. Your agent and attorney can help you decide whether to fix, disclose, or price around the issue.
Working with your attorney and title company
Boundary questions are rarely solved by an agent alone. Your attorney can interpret the survey, the deed, and the title commitment, advise on whether a recorded agreement or an easement is appropriate, and help you negotiate language in the agreement of sale. In New Jersey, the attorney review period offers an early chance to raise concerns; in Pennsylvania, contingencies and due-diligence deadlines serve a similar purpose. Do not let a tight timeline push you past a question that deserves a real answer.
Also consider how the issue interacts with financing and insurance. Lenders and underwriters may require clear title and acceptable survey results, and an unresolved encroachment can delay or derail a closing. Raising the matter early gives everyone time to fix it, which protects your deposit and your timeline.
For luxury properties with pools, gates, guest houses, or long driveways, the stakes of getting the lines right are simply larger. Treat boundary diligence as a normal part of the process, not a sign that something is wrong with the home.
Frequently asked questions
Does a fence always mark the legal property line?
No. Fences are frequently placed for convenience and may sit inside or outside the recorded boundary. A current survey is the reliable way to compare physical features with the legal description.
Can a neighbor gain rights to part of my property?
In limited circumstances, long-standing and open use can support claims such as adverse possession or a prescriptive easement, but the legal requirements are demanding and fact-specific. Consult a real estate attorney about your particular situation.
Will a survey always be required for a luxury purchase?
Not always, but it is strongly advisable for estate lots, older properties, and any home with walls, pools, or driveways near the lines. Your attorney and agent can advise based on the property.
Ready to talk through your plans? Contact James Kennedy at 215-267-8479 or jameskennedy@unlockedteam.com for a confidential conversation about luxury real estate in Philadelphia and South Jersey.
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