Boundary disputes are among the most common and most contentious real estate conflicts property owners face. A disagreement about where one property ends and another begins can affect the value, use, and enjoyment of land on both sides of the line, and these disputes have a way of escalating when neighbors cannot reach an agreement on their own. At Tollison & Webb P.A., we represent property owners in boundary disputes throughout North Mississippi, working with surveyors and title records to establish the correct legal boundary and pursuing resolution through negotiation or litigation as the circumstances require.

Common Causes of Boundary Disputes

Boundary disputes in North Mississippi arise from a variety of circumstances. Inaccurate or outdated surveys are a frequent source of conflict, particularly on older properties where the original survey was done with less precise methods or where the monuments marking the boundary have been lost or moved. Inconsistent legal descriptions in deeds, where the language describing the property boundaries differs across the chain of title, can also create genuine uncertainty about the correct line. Historical use of land that differs from the recorded boundary, whether through informal agreements between prior owners or simply through decades of treating a fence line as the legal boundary, creates additional complexity when a new owner arrives and disputes the arrangement.

How Boundary Disputes Are Resolved

Survey Evidence

A current survey by a licensed Mississippi surveyor is the starting point in most boundary disputes. The survey establishes where the legal boundary is located based on the recorded legal descriptions, historical monuments, and applicable surveying standards. We work with experienced surveyors regularly in these matters and advise clients on what type of survey is needed and how to use the survey evidence effectively in negotiations or litigation.

Deed and Title Research

The chain of title for both properties is often essential to resolving a boundary dispute. Reviewing the deeds, plats, and recorded documents going back through the history of the parcels can reveal where the boundary was intended to be, where inconsistencies in the legal descriptions arose, and what prior owners understood the boundary to be. We conduct thorough title research in boundary dispute matters and use the historical record to build the strongest possible case for our client’s position.

Adverse Possession and Acquiescence

In some boundary disputes, the legal boundary as established by the survey and deed records differs from where the parties have historically treated the boundary to be. Mississippi law recognizes doctrines including adverse possession and boundary by acquiescence that can, under certain circumstances, establish a legal boundary based on long-term use and mutual recognition rather than the strict deed description. These doctrines have specific legal requirements and are not available in every case, but when they apply they can be determinative. We evaluate whether these doctrines are available to our clients and present the evidence effectively when they are.

Negotiated Resolution and Boundary Line Agreements

Many boundary disputes can be resolved without litigation through a negotiated boundary line agreement, a recorded document in which neighboring property owners formally agree on the location of the shared boundary. This approach is often faster and less expensive than litigation and preserves the neighborly relationship better than a contested court proceeding. We pursue negotiated resolution wherever it is feasible and draft boundary line agreements that are properly recorded and legally binding.

Chancery Court Litigation

When negotiation fails, boundary disputes are resolved in Chancery Court, which has jurisdiction over disputes affecting title to real property in Mississippi. We handle boundary dispute litigation in Lafayette County Chancery Court and other Chancery Courts throughout North Mississippi, presenting survey evidence, deed records, and testimony to establish the correct legal boundary and obtain a court judgment that is recorded in the property records.

Encroachments

An encroachment occurs when a structure, fence, driveway, or other improvement crosses onto a neighboring property. Encroachments are a common consequence of boundary disputes and create their own set of legal issues. The owner of the encroaching structure may be required to remove it, pay damages, or in some cases obtain a license or easement to allow it to remain. The appropriate remedy depends on the nature of the encroachment, the parties’ knowledge of it, and how long it has been in place. We handle encroachment disputes as part of boundary litigation and advise clients on the remedies available in their specific situation.

Frequently Asked Questions

My neighbor moved the fence. What can I do?

If your neighbor has moved a fence or other boundary marker onto what you believe is your property, the first step is to get a current survey to establish where the legal boundary actually is. If the survey confirms the encroachment, we can send a formal demand for removal and, if the neighbor refuses, pursue a court order requiring them to restore the boundary. Acting promptly matters because long-term acquiescence to an encroachment can affect your legal rights.

Can a fence line become the legal boundary in Mississippi?

Possibly, under the doctrine of boundary by acquiescence. If neighboring property owners have treated a fence line as the boundary for a long period of time and both parties have recognized it as such, Mississippi courts may establish that line as the legal boundary even if it differs from the deed description. Whether this doctrine applies depends on the specific facts, including how long the fence has been in place and the nature of the parties’ conduct. We evaluate these facts carefully when advising clients in boundary disputes involving longstanding fence lines.

Do I need a new survey even if I have an old one?

In most cases, yes. An old survey may not reflect current conditions, may have used methods that are less precise than modern standards, and may not locate the monuments that are currently visible on the ground. A current survey by a licensed Mississippi surveyor is typically necessary to present reliable boundary evidence in litigation or to support a boundary line agreement. We advise clients on what type of survey is needed based on the specific circumstances of their dispute.

What if my neighbor and I just want to agree on the boundary?

A boundary line agreement is the right tool. It is a written, signed, and recorded document in which neighboring owners formally agree on the location of the shared boundary. Once recorded in the property records, it binds both parties and their successors. We draft boundary line agreements that clearly describe the agreed boundary and are properly executed and recorded so the agreement is legally enforceable going forward.

Contact a Real Estate Litigation Attorney in North Mississippi

If you have a boundary dispute in Oxford, Lafayette County, or anywhere in North Mississippi, contact Tollison & Webb P.A. to schedule a consultation.

Call (662) 234-7070 or contact us online.