First published: January 2017
Updated: April 2026
Boundary disputes are among the most common and most contentious conflicts between property owners in Washington State. As Seattle and the surrounding region have grown rapidly, so have the complications that come with it: lot subdivisions, new surveys, shifting fence lines, and neighbors who’ve long assumed a piece of land was theirs.
If you’re facing a property line dispute, knowing your legal options early can make the difference between a quick resolution and years of costly litigation. The real estate litigation attorneys at Levy | von Beck | Comstock | Chastain have helped Seattle-area property owners navigate these disputes for decades. Here’s what property owners need to know about resolving a boundary dispute efficiently and protecting their rights along the way.
What is a Boundary Dispute?
Before seeking a resolution, it’s essential to have a clear understanding of boundary disputes. Boundary disputes in Washington typically result from the discovery of longtime encroachments, such as fences or buildings, across the original property line or into an easement.
Common issues that lead to boundary disputes in Washington include:
- Encroachments, such as fences or buildings across the property line
- Trespasses, such as use of your property without your permission
- Easements, which are the limited rights to use another person’s property
- Excavation or heavy construction affecting the stability of your land
- Removal of trees
Step 1: Identify the problem.
The “discovery” of a boundary issue might occur when a new owner has a survey conducted and then perhaps begins to build a fence along the original property line – much to the surprise of the adjacent neighbor, who had a longtime belief that that area of property was theirs.
Or, a boundary-related dispute may result from the misuse of an easement, which grants limited rights to use another person’s property. In Washington, for a party to obtain property through adverse possession or prescriptive easement, certain elements (such as exclusive use by the adversely possessing party) must be met going back 10 years.
Step 2: Determine how you would like to resolve the issue.
In Washington State, boundary disputes are typically resolved through negotiation, mediation, quiet title actions, or litigation, depending on the severity of the encroachment and the parties’ willingness to compromise. We’ve outlined a few of the most common ways to resolve a boundary dispute, but if you’re unsure how to proceed or want to learn more about your options, contact our team.
Negotiate a Compromise
You can negotiate a compromise by which you are compensated for your neighbor’s continued trespass or encroachment on your property, or you might engage in a “land swap.”
Seek an Injunction
You can seek an injunction preventing your neighbor from continuing to use the disputed area, and ultimately obtain possession via an adverse possession action (lawsuit).
Seek Monetary Compensation
You can seek monetary compensation for damage to your property, the decreased value of the property, or the value of trees that were removed.
Look into Title Insurance
You should look at your title insurance closely to determine whether they might be coverage or benefits for the dispute. Obtaining money from the title insurer or the title insurer’s commitment to defend your title may go a long way toward resolving the dispute.
Step 3: Consider talking to your neighbor before taking legal action – but talk to legal counsel first.
Boundary disputes can be very personal, so if you plan to talk with your neighbor, it’s a good idea to prepare what you’re going to say before you speak with them. In many cases, property owners hastily approach the situation, and the result is a shouting match that might have been avoided with some preparation.
While it may be possible to calmly communicate with your neighbor to reach a resolution, try not to put anything in writing — even a simple note or an email — without first consulting an attorney. Indeed, you are probably better served by consulting a lawyer first to understand your rights and the likely outcomes if a settlement cannot be reached and litigation becomes necessary.
Step 4: Engage an experienced real estate lawyer.
Washington law protects property owners from intentional and negligent trespassing, unauthorized tree removal, removal of the lateral support of a home, covert land grabs, and unlawful encroachments. It also often protects property owners’ rights to land when those rights are well-documented and long-standing. Depending on the circumstances, you could be entitled to a court order confirming your ownership or rights in the land, forcing the removal of unlawful encroachments, or awarding you damages.
If you’re facing a boundary dispute with a neighbor, you don’t have to navigate it alone. These conflicts are stressful, personal, and often legally complex, but with the right guidance, most can be resolved without prolonged litigation. The real estate attorneys at Levy | von Beck | Comstock | Chastain have helped property owners across Seattle and the Pacific Northwest protect their land and their peace of mind for decades.
Whether your situation calls for negotiation, mediation, or litigation, we’ll help you find the most efficient path forward. Reach out today at (206) 207-0210 or contact us here. An early conversation can make all the difference.