Jan252026
Real Estate Q&A Series

How do I handle a boundary dispute if I already paid for a survey and the neighbor still disagrees? – North Carolina

Short Answer

In North Carolina, a private survey and newly placed markers are strong evidence of where a line is, but they do not automatically force a neighbor to accept that line. If the neighbor still disputes the boundary, the usual next step is to move from “dueling opinions” to a court process that can establish the boundary and, if needed, order a court-ordered survey. Many cases also resolve through a written boundary-line agreement that is properly recorded.

Understanding the Problem

In a North Carolina boundary dispute, the key decision is what to do when one property owner has a surveyor mark the line, but the neighboring property owner still claims the boundary is somewhere else. The issue is not whether a survey exists, but how to turn competing claims about a property line into a clear, enforceable boundary that can be relied on for fencing, improvements, and future sales.

Apply the Law

North Carolina treats boundary disputes as title-and-boundary problems, not just “where the stakes are in the ground.” A survey is evidence that supports a boundary position, but the controlling question is what the deeds, plats, and legally recognized boundary evidence establish. When the parties cannot agree, the dispute can be resolved in Superior Court in the county where the land is located, including through a special proceeding to establish a disputed boundary. In a pending case where boundaries are in dispute, the court can also order a survey and appoint a surveyor to report to the court.

Key Requirements

  • A real dispute about the boundary line: There must be an actual disagreement about where the line runs, not just a preference about where a fence should go.
  • Evidence tied to the titles: The dispute gets decided by title documents and recognized boundary evidence (such as recorded plats, calls in deeds, monuments, and how the line has been treated over time), not by who argues louder.
  • A path to an enforceable resolution: Either (a) a written, recorded agreement that fixes the line, or (b) a court order/judgment establishing the boundary (often supported by a court-ordered survey).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the homeowner had a surveyor place boundary markers after a dispute. That survey and the markers help document a boundary position, but the neighbor’s continued disagreement means the dispute likely cannot be solved by “showing the survey” alone. The practical next step is to either (1) convert the survey into a negotiated, recorded boundary resolution, or (2) ask the Superior Court to establish the boundary and, if needed, order a court-appointed survey under the court’s supervision.

Process & Timing

  1. Who files: The property owner seeking to establish the line. Where: Superior Court in the county where the land is located. What: A special proceeding to establish the disputed boundary line (and, depending on the situation, related claims for trespass or to stop interference with the line). When: As soon as it becomes clear the dispute will not resolve informally—especially before either side builds, removes markers, or makes improvements near the claimed line.
  2. Survey evidence gets tested: Each side typically gathers deeds, recorded plats, prior surveys, photos, and witness information. If the case is pending and the boundary is genuinely in dispute, the court can order a survey and appoint a surveyor, and the parties can question that surveyor in court.
  3. End point: A written resolution that is recorded (if the parties settle) or a court judgment establishing the boundary line (if the court decides). That final result is what usually provides the enforceable clarity needed for fences, landscaping, and future title work.

Exceptions & Pitfalls

  • “A survey proves it” is a common misunderstanding: A private survey is important evidence, but it is not automatically binding on a neighbor. Disputes often turn on deed descriptions, older monuments, and how lines were established historically.
  • Unrecorded or unclear paperwork: If the survey plat is not recorded, or if the survey does not clearly tie to the deed description, it may be harder to use it to resolve the dispute cleanly.
  • Escalation near the line: Building a fence or making improvements right on the disputed area can increase risk and cost. It can also complicate settlement if the neighbor claims encroachment.
  • Marker tampering and access issues: If markers get removed or disturbed, the dispute can intensify. Documenting conditions and addressing interference promptly can matter. (For a related discussion, see survey markers and boundary interference.)

Conclusion

In North Carolina, paying for a survey and placing boundary markers often strengthens a boundary position, but it does not automatically end a dispute if the neighbor still disagrees. When informal resolution fails, the usual path is to establish the boundary through Superior Court in the county where the land lies, and the court can order a survey in the case if needed. The most practical next step is to file a special proceeding to establish the disputed boundary line in Superior Court promptly once it is clear the dispute will not settle.

Talk to a Real Estate Attorney

If you’re dealing with a boundary dispute where a survey did not resolve the disagreement, our firm has experienced attorneys who can help you understand your options and timelines, including negotiated boundary resolutions and court proceedings to establish the line. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.