Property line disputes in Nevada rarely begin with a lawsuit. More often, a new survey does not match the fence line, a neighbor begins building a wall a few feet onto the lot, or a title company raises a question during a sale or refinance. Once two owners hold different views about where the boundary falls, the disagreement can affect the use, value, and marketability of both properties.
The first step is to identify what is actually in dispute. A structure may cross the line, two surveys may conflict, or a neighbor may claim a right to use or own part of the land based on years of occupation. The deed, the recorded plat or survey, and the other recorded documents affecting the parcel usually provide the starting point for answering that question.
Common Types of Property Line Disputes
A boundary concern deserves a closer look when:
A fence, wall, shed, driveway, or landscaping appears to extend onto your property.
A new survey shows a boundary different from the one you understood when you purchased.
A neighbor claims ownership of a strip of land through adverse possession.
A neighbor claims a right to cross or use part of your land through a prescriptive easement.
The recorded legal description does not match the improvements on the ground.
The disagreement is interfering with a sale, refinance, or construction project.
At ABW Firm, our real estate attorneys represent residential and commercial real estate owners in Henderson, Las Vegas, and throughout Nevada in boundary and title disputes.
How Nevada Law Addresses Boundary Claims
Nevada law allows an action to be brought "by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim." NRS 40.010. This is commonly called a quiet title action. In a quiet title case, "each party must plead and prove his or her own claim to the property in question," and the plaintiff's right to relief "depends on superiority of title." Chapman v. Deutsche Bank Nat'l Trust Co., 129 Nev. 314, 302 P.3d 1103 (2013).
Long-term use of a neighbor's land does not, by itself, transfer ownership. Adverse possession in Nevada requires proof that the occupation was "hostile, actual, peaceable, open, notorious, continuous and uninterrupted." Jones v. Ghadiri, 140 Nev. Adv. Op. 27 (2024). The claimant must also show that the land was "occupied and claimed for the period of 5 years, continuously," and that the claimant and its predecessors "have paid all taxes, state, county and municipal," levied against the land during that period, or tendered payment. NRS 11.150. The tax requirement often defeats adverse possession claims to a strip of a neighbor's lot, because the neighbor, not the claimant, has been paying the taxes on it.
A prescriptive easement is a different claim. It does not transfer ownership, but it can give a neighbor a continuing right to use part of the property. The Nevada Supreme Court has explained that "adverse, continuous, open and peaceable use for a five-year period" are the required elements, and there is no tax payment requirement. Jones v. Ghadiri, 140 Nev. Adv. Op. 27 (2024). In the same decision, the court held that a prescriptive easement giving the claimant effectively exclusive control of the disputed area is available only in exceptional circumstances. Id.
Where the location of the boundary itself is disputed, a survey is often the most important evidence. In an action to recover real property or for damages to it, the court may, on motion and for good cause, permit a party to enter the property to survey and measure it. NRS 40.210.
What Happens If a Boundary Dispute Goes to Court?
If neighboring owners cannot resolve the dispute themselves, a quiet title action asks the court to determine who holds what rights in the disputed area. The process typically involves:
Filing a complaint that describes the property and the competing claims.
Recording a notice of pendency of the action (often called a lis pendens) with the county recorder, as NRS 14.010 requires in actions affecting title to or possession of real property.
Naming and serving every person who claims an interest in the disputed area, including lenders with recorded deeds of trust.
Presenting evidence such as surveys, deeds, recorded plats, photographs, and testimony about how the land has been used.
Obtaining a judgment and recording it so that the public record reflects the result.
The timeline depends on the facts. A claimant who cannot be located may need to be served by publication, and a disagreement between competing surveyors can extend the case. A recorded lis pendens can also be challenged. The defendant may request a prompt hearing, at which the party who recorded the notice must show, among other things, that the action affects title to or possession of the property and was not brought in bad faith. NRS 14.015.
What to Do Before a Boundary Dispute Gets Worse
Discovering that a fence or driveway may cross your property line can create pressure to fix the problem immediately. Removing a structure or building on the disputed area before the legal boundary is established, however, can escalate the dispute and create additional claims. Before taking action:
Gather the deed, title policy, and any recorded documents affecting the property.
Locate any existing survey and consider whether a new survey by a licensed Nevada land surveyor is needed.
Keep a written record of communications with the neighboring owner.
Photograph the disputed area and any improvements on it.
Avoid physical changes to the disputed area until the boundary question is resolved.
If the records still leave both owners claiming the same land, legal guidance becomes more important. ABW Firm's real estate litigation attorneys represent Nevada property owners in boundary and title disputes, including quiet title actions.
Good fences make great neighbors, but when your neighbor builds his fence over your property line, you risk losing your land permanently.
Michael Beede, Partner, Andersen Beede Weisenmiller, Real Estate Litigation and Business Attorney
Know Your Property Rights Before Taking Action
Not every property line disagreement requires a court case. An unresolved boundary question can, however, complicate a sale, refinance, or construction project, and it can become more difficult to resolve when other proceedings involving the property or one of its owners, such as a bankruptcy, are pending. ABW Firm can review the documents behind the competing claims and help determine whether negotiation, a boundary line agreement, or a quiet title action is the appropriate next step.
Frequently Asked Questions
Can I move a fence that I believe is on my property?
Moving or removing the fence before the boundary is confirmed can escalate the dispute. Review the survey and the recorded documents first, and consider obtaining legal advice before making any physical changes.
What if my neighbor refuses to accept the survey?
A survey is important evidence, but it does not bind a neighbor who disputes it. If both owners continue to claim the same land, a quiet title action may be needed to resolve the competing claims.
Can a neighbor gain ownership of part of my property just by using it for years?
Not automatically. Adverse possession in Nevada requires five years of continuous, hostile, open, and notorious occupation, along with payment of the property taxes assessed against the land during that period. NRS 11.150. A neighbor who cannot meet the tax requirement may still claim a prescriptive easement, which allows continued use but does not transfer ownership.
Can a property line dispute affect the sale of my home?
Yes. A boundary dispute can raise title questions that affect the buyer, the lender, and the title insurer. Resolving the issue before listing the property can avoid delays at closing.
Need Help With a Nevada Property Line Dispute?
A boundary disagreement can become harder to resolve the longer it remains open. If you are dealing with a disputed property line, an encroachment, or a competing ownership claim, ABW Firm can review the circumstances and explain the legal options available. This post provides general information and is not legal advice for any particular situation.
ABW Firm represents property owners in Las Vegas, Henderson, and throughout Nevada in real estate and title disputes. Schedule a consultation to discuss your property line concerns and possible next steps.
Get Started with ABW Firm | Explore Our Legal Services
ATTORNEY REVIEW NOTES (INTERNAL, NOT FOR PUBLICATION)
Verification status
Every legal statement in the post was checked against the official NRS or the published opinion text. I also submitted the propositions in this post to CoCounsel. The run was accepted, but its written results did not come back through the connection, so they should be reviewed directly in the CoCounsel chat before publication. Nothing was Shepardized or KeyCited. Please confirm on Westlaw or Lexis.
Changes from the 961 Interactive draft
(1) Correction: the draft cited NRS 40.200 for court-ordered surveys in boundary disputes. NRS 40.200 concerns survey orders in mining trespass disputes under NRS 40.180 and 40.190. The provision that permits a court to order entry for a survey in an action to recover real property or for damages to it is NRS 40.210, and the post now cites that section. (2) Removed the sentence describing "The Nevada Legislature's NRS Chapter 40" as the statutory framework, which added nothing. (3) Added the elements of adverse possession and prescriptive easement from Jones v. Ghadiri, the quiet title burden from Chapman, and the NRS 14.015 lis pendens hearing. (4) Added adverse possession and prescriptive easement claims to the list of common boundary disputes.
SEO items from 961 Interactive's email (retained)
"Property line disputes in Nevada" in the title, meta title, and first sentence; named examples of common boundary disputes and claims (encroachment, conflicting surveys, adverse possession, prescriptive easement, legal description mismatch, sale or refinance problems); Las Vegas, Henderson, and Nevada references; links to the real estate, commercial real estate, real estate litigation, bankruptcy, get started, and what we do pages.
County and local practice
The lis pendens is recorded with the recorder of each county where the property is located (Clark County Recorder for Las Vegas and Henderson). Recording requirements, cover sheets, and fees vary by county and should be confirmed with the current county recorder before recording.
Authority table
| Statement in post | Authority (verbatim text where dispositive) | Source and verification |
|---|---|---|
| Each party proves its own claim | Chapman v. Deutsche Bank Nat'l Trust Co., 129 Nev. 314, 302 P.3d 1103 (2013): "each party must plead and prove his or her own claim to the property in question" and "plaintiff's right to relief therefore depends on superiority of title" (quoting Yokeno v. Mafnas, 973 F.2d 803, 808 (9th Cir. 1992)). | https://law.justia.com/cases/nevada/supreme-court/2013/58664.html. Verified. Citation confirmed through CourtListener metadata. |
| Adverse possession elements | Jones v. Ghadiri, 140 Nev. Adv. Op. 27 (2024): occupation must be "hostile, actual, peaceable, open, notorious, continuous and uninterrupted." NRS 11.150: land "occupied and claimed for the period of 5 years, continuously," and claimant and predecessors "have paid all taxes, state, county and municipal, which may have been levied and assessed against the land for the period mentioned, or have tendered payment thereof." | https://law.justia.com/cases/nevada/supreme-court/2024/85305.html. Verified. Citation discrepancy: Justia metadata and the UNLV summary say Adv. Op. No. 27, while the opinion PDF header reads "Advance Opinion 07." I believe No. 27 is correct but I'm not sure. The P.3d citation was not located; please add it. See also NRS 11.110 and 11.120 (what constitutes possession, e.g., "protected by a substantial enclosure" or "usually cultivated or improved"). |
| Prescriptive easement elements; comprehensive easements | Jones v. Ghadiri: "adverse, continuous, open and peaceable use for a five-year period are the requisite elements"; "comprehensive prescriptive easements may be warranted if a party demonstrates exceptional circumstances." | Verified. Jordan v. Bailey (Nev. Aug. 28, 1997, No. 28167) states the same elements and requires clear and convincing evidence; its reporter citation was not confirmed, so it is not cited in the post. |
| Court may permit entry to survey | NRS 40.210: in an action to recover real property or damages to it, the court may, on motion with notice and good cause, allow a party to enter the property to survey and measure it. | Verified on the official NRS (summarized, not quoted). |
| Lis pendens | NRS 14.010(1): in an action "affecting the title or possession of real property," the plaintiff "shall record with the recorder of each county in which the property, or any part thereof, is situated, a notice of the pendency of the action." | Verified on the official NRS. |
| Lis pendens hearing | NRS 14.015: defendant may request a hearing; recording party must show, among other things, that the action affects title or possession and "was not brought in bad faith or for an improper motive," and likelihood of success or fair chance of success. | Verified on the official NRS (summarized). |
| Publication service may extend the timeline | NRCP 4.4(c) (service by publication). | Not retrieved. The post does not cite a rule; confirm before adding a citation. |
| Statute of limitations | NRS 11.070 and 11.080 (five-year seisin or possession requirements for actions founded on title and for recovery of real property). | Verified on the official NRS but not discussed in the post. Consider whether to add a sentence; the interaction of these sections with quiet title claims is fact-dependent. |
