Relationship of Occupied Lines to Recorded Lines

Not infrequently, the boundary lines of a parcel as physically occupied or possessed by its owner differ from the distances and direction called for in the deed or differ from the monuments called for in the deed. Discrepancies between possession and the called for deed lines may range from minor variations in fence line locations to substantial encroachments of multi-story buildings. A land survey should always show the occupied lines, the deed record lines, and the extent of any mismatch. Significant mismatches suggest potential claims of ownership by senior right or adverse possession or suggest a change in a boundary line by mutual agreement and acquiescence. To cut off any potential rights of another to a claim of adverse possession, the property owner may want to record an appropriate document confirming his claim of ownership or seek a change, in possession to match the record lines.