Adkins & Purkey, PLLC

By Chris Adkins | Adkins & Purkey, PLLC

Neighbor disputes are personal because they happen at home, but they are often resolved through ordinary property records, photographs, surveys, municipal rules, and carefully written agreements. Acting impulsively—moving a fence, cutting a tree, blocking access, or sending threats—can make the legal and practical problem worse.

Start by identifying the dispute

Fences and property lines

A fence is not necessarily the legal boundary. Deeds, recorded plats, monuments, and professional surveys may control. If a fence, shed, driveway, retaining wall, or other improvement crosses the line, the parties may need to address encroachment, removal, permission, or a recorded agreement.

Trees and vegetation

Tree disputes may involve ownership of the trunk, limbs or roots crossing a line, property damage, dangerous conditions, trimming, and local ordinances. Before cutting or hiring a contractor, confirm the location of the line and obtain advice about the specific condition. A mistaken removal can create a damages claim.

Drainage and runoff

Grading, gutters, ditches, driveways, retaining walls, and development can change how water moves. Document the condition during and after rainfall, identify recent changes, preserve repair estimates, and consider whether an engineer or other expert is needed.

Driveways and access

A shared drive or access road may be governed by a recorded easement, an old deed, a maintenance agreement, or a history of use. The legal questions include who may use the route, for what purpose, who pays for upkeep, and whether gates or obstructions are permitted.

Noise, animals, and repeated interference

Some disputes implicate municipal or county rules; others may involve nuisance, trespass, property damage, or restrictive covenants. Keep an objective incident log with dates, duration, witnesses, photographs, video, and communications.

A practical evidence checklist

• Your deed, plat, title policy, survey, and closing file;
• Recorded easements, restrictions, and homeowners’ association documents;
• Dated photographs and video;
• Estimates, invoices, and reports from qualified professionals;
• Written communications with the neighbor; and
• A concise timeline separating confirmed facts from assumptions.

When a letter or agreement may help

A focused attorney letter can identify the claimed right, the supporting documents, the requested action, and a reasonable deadline. If the parties reach a solution, a written agreement can address location, access, cost-sharing, maintenance, future owners, and recording. Informal promises may be forgotten or misunderstood when the property later changes hands.

When litigation may be necessary

Some cases require a court to determine a boundary or easement, stop continuing conduct, order corrective action, or award damages. North Carolina’s G.S. 1-52 includes a three-year period for several types of claims, including certain trespass actions, but the correct deadline depends on the claim.

For disputes affecting title, access, co-ownership, or recorded rights, read our detailed article on real estate litigation in Stanly County. If the issue emerged during a sale, see our real estate closing guide.

This article is general information and not legal advice. Property rights and deadlines depend on the facts and governing documents.