How to Handle Boundary Disputes

Contact us for help in handling boundary disputes in Berks, Lehigh, Northampton, Bucks, Montgomery, Philadelphia, Chester, Delaware, Lancaster, Lebanon, Dauphin, Schuylkill, York, Carbon, Luzerne, Monroe, Columbia and Northumberland counties.

If you are facing a property line dispute with a neighbor, an experienced Real Estate Attorney can provide guidance to help you. A property line dispute may occur when neighbors disagree on the boundaries of their properties. This can sometimes be resolved with a formal survey of the properties.

Disputes can also occur when deed descriptions are inaccurate or multiple deeds with conflicting information exist. This sometimes happens with easements and the use of a driveway over someone’s property to gain access to another property.

Examples of Potential Boundary Disputes

Here are a few examples of scenarios that may cause a boundary dispute:

You want to replace a fence, but your neighbor discovers that the original fence is on their property.
You discover that your neighbor's driveway goes onto your property a few inches or feet.
You begin building a shed, but your neighbor tells you some of the area you are building it on is their property.
Crossing your neighbor's lot is the only way to access your property.

Terms to Know

Encroachments – "The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise," Investopedia explains.
Trespassing – Trespassing occurs when someone travels onto your property without your permission.
Easements – "An easement on a real estate property is a grant that provides an individual or company legal access to a property for a specific purpose," Rocket Homes explains. "For example, a utility company may be granted an easement on your property to access and maintain water lines, or you might obtain a private easement to cross a neighbor's property line to get to your own."
Adverse Possession – Adverse possession occurs when someone gains ownership over time via an open and notorious use of someone’s property or a part of the property.

How to Handle a Boundary Dispute

Sometimes, boundary disputes are not worth arguing over. The cost, frustration, and friction between neighbors may not be worth disputing a few inches. However, if your neighbor tells you that the new addition you built is encroaching on their property and you must remove it, you will likely need to address the issue.

Having all the facts to help guide your decisions is always good. With a boundary dispute, you can do this by having a survey to determine land boundaries, an appraisal to determine the market value of the property in dispute, and a complete title search (search of all recorded documents relevant to your property title).

To minimize cost and animosity, it may be possible to resolve the issue through conversations – in person, by phone, by mail, or by email – with your neighbor. It is often a good idea to consult with a real estate attorney before the conversation with your neighbor to confirm your rights and the applicable law.

If the issue cannot be resolved through private conversations, your attorney might send a demand letter. The demand letter explains the situation and asks for some form of action or an offer of a settlement, which could include dividing property, modifying boundary lines or monetary compensation.

If private discussions and the demand letter do not resolve the boundary dispute, litigation may be necessary.

Hire a Real Estate Attorney

If you are involved in a boundary dispute, one of the experienced Real Estate attorneys at Bingaman Hess can help you navigate the law – answer your questions, let you know the strength of your position and represent you if the dispute goes to court.

Give us a call at 610.374.8377 or find us online.

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Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.