One of our attorneys occasionally teaches a class to other lawyers called "Litigating Boundary Disputes." It opens with a joke: the class is scheduled for an hour, but it could be taught in one word. "Don't."
Every good joke has some truth in it, and this one does too. Suing a neighbor over a boundary line or an easement is almost always a bad idea. We encourage clients to look for an early settlement, because there are usually ways to resolve a neighbor dispute that give both sides what they actually need without the downsides of a lawsuit.
Three reasons to settle a neighbor dispute
1. Cost
It is rare for a dispute over a boundary line or an easement to be worth the expense of litigation once you weigh the costs against the benefits. Start with a simple comparison.
In an easement dispute, compare the cost of carrying a case through to trial with the cost of hiring a contractor to build a new access route. Litigation is uncertain. Paying a contractor is not. The certain option is often the better decision.
In an adverse possession dispute, compare what the contested strip of land is actually worth with what it would cost to take the case to trial. Unless the property is waterfront, or the claim would make a lot unbuildable, the numbers often do not work.
2. Stress
All litigation is stressful. Neighbor disputes are in a category of their own, because you are living next door to the person you are suing. You see them in the driveway, on the road and across the fence line every day. These cases are known for producing enormous strain, and we have seen them damage marriages and take a real toll on people's mental and physical health.
3. Risk
Risk is a good reason to settle any case, and boundary disputes are no exception. The trouble in a neighbor dispute is that people tend to underestimate their own risk. They know the neighbor is wrong and they are right. When a conviction is that firm, it can be hard to accept that a judge may see the facts differently. But a judge might, and no one can tell you in advance how a court will rule.
Why clients still want to fight
Even with all of that, it can be difficult to persuade a client that settling is the better path. In our experience, three things usually stand in the way.
1. Principle
Picture a client fighting with a neighbor over a strip of about five hundred square feet that has little market value. That fight is not about money; it does not make financial sense. It is about principle. The land is theirs, and they will not be told otherwise by anyone but a judge. That feeling is understandable, and it deserves to be taken seriously, but it also deserves an honest look at what a lawsuit will cost.
2. Economic reality
Sometimes the land in question matters a great deal. If losing that same five hundred square feet would make a lot unbuildable, or would sharply limit the building footprint, it may make sense to litigate, provided the claim is strong. Even then, litigation is usually only necessary when the other side refuses to negotiate, because there are creative ways to resolve this kind of problem without going to court.
3. An unreasonable neighbor
Sometimes there is no choice but to stand and defend your position. When a neighbor is determined to litigate and will not agree to any reasonable settlement, a lawsuit may be the only way forward. This is the mirror image of the first reason: your neighbor is the one acting on principle, and you have to respond.
Our approach
The attorneys at Kitsap Law Group have seen nearly every version of these disputes, both at the negotiating table and in the courtroom. We have taken these cases to trial, and we know firsthand how uncertain a trial can be for everyone involved. That experience is why we work hard to settle them, so that our clients decide how the dispute ends rather than leaving it to a judge.
We bring creativity to these problems: realigned access, recorded agreements, adjusted lines and other practical fixes that let neighbors move on. If you are in a boundary or easement dispute in Kitsap County, request a consultation and let us know how we can help.
You may also be interested in our look back at the boundary issues and easement law seminar David P. Horton taught in 2019.
