Understanding Property Line and Fence Laws

by Mitchell Reed Sussman on Dec. 06, 2023

Real Estate Real Estate Other 

Summary: Property lines are often legally defined by deeds, surveys, or property maps that can be found in a property's records.

Disputes may arise, however, in the event of unclear descriptions or changes occurring over time.


It is possible for a fence that has been in place for a long time without objection to become the accepted boundary through what is known as "adverse possession by agreement," a legal principle.



Property line and fence laws



Not all cases are the same


It should be noted that this may not apply to all cases, and that you should consult an attorney before proceeding with this. There is a possibility of structures (such as fences and buildings) extending beyond the property line of their owners.


If the encroachments are present for a long time and if the owner has objected to the encroachment, the law might address these encroachments differently depending on factors such as how long they have been present.


Seek legal advice


If there is a dispute regarding a property line or fence, the best course of action is to seek legal advice as soon as possible. To resolve conflicts that may arise, attorneys can use negotiations, mediation, or legal action, if necessary, as methods of resolving them. There are a number of property laws that can be complex and they may differ depending on local ordinances and the circumstances. 


Property laws can be incredibly intricate and multifaceted, often varying significantly based on jurisdiction and the specific circumstances surrounding a property-related issue. Here are some factors contributing to the complexity:


Variation in Laws


Property laws encompass a wide range of regulations governing the ownership, use, transfer, and rights associated with real property. These laws can vary from state to state or even between different municipalities within the same state.


Diverse Property Types


Property laws apply to various types of real estate, including residential, commercial, agricultural, and industrial properties. Each property type might have its own set of regulations and considerations.


Legal Principles and Precedents: Property law is built upon a foundation of legal principles and precedents, making it complex due to the interplay between statutes, case law, and common law doctrines.


Evolving Regulations: Property laws are subject to change through legislative actions, court decisions, and evolving societal needs. Staying updated with these changes is crucial for anyone dealing with property-related matters.


Contractual Agreements: Property transactions often involve complex contractual agreements such as leases, purchase agreements, easements, and more. Understanding and interpreting these contracts is integral to resolving property disputes.


Zoning and Land Use Regulations: Local ordinances and zoning laws dictate how properties can be used and developed, adding another layer of complexity to property matters.


In addition to providing tailored advice, Nevada real estate attorneys can also assist clients in navigating these laws effectively.


Whenever you are considering selling or purchasing a property in Nevada, it is a good idea to consult an experienced real estate lawyer before proceeding.


To learn more please reach out to Las Vegas Real Estate Attorneys at https://www.lasvegasrealestateattorney.com or call 800-233-8521 for a free phone consultation.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.