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Real Estate

If I have a boundary dispute with my neighbour, will title insurance help?

TSL Written by the Treadstone Law team· Updated June 2026

Whether title insurance helps with a boundary dispute depends on the nature of the dispute and when it arose relative to your purchase. Title insurance covers losses from title defects and encroachments that were unknown at the time you bought the property. If you discover after purchase that a fence, structure, or the boundary itself has been incorrectly described and your property is affected, your title insurer may help defend your interest or compensate you for losses.

For example, if a survey done after you moved in reveals that your neighbour's fence is actually one metre onto your property — and that encroachment was not visible or disclosed before closing — your owner's title insurance would likely respond to help you enforce your boundary rights.

What title insurance typically does not cover is a dispute you knew about before closing or a situation where you chose to accept a particular boundary as-is. It also does not fund ongoing neighbour disputes that are not related to a title defect — personality conflicts or general property line disagreements that do not involve a survey error or encroachment on title are not covered.

If a boundary dispute arises and you have title insurance, notify your insurer promptly and consult your lawyer. The insurer may retain a surveyor and/or a lawyer to assist you. If you do not have title insurance, resolving a boundary dispute typically requires a survey and potentially court proceedings.

Key takeaways

  • Title insurance covers unknown boundary encroachments and survey defects discovered after closing.
  • Coverage requires the issue to have been unknown to you before you purchased.
  • Known disputes or issues disclosed before closing are generally excluded.
  • Notify your insurer promptly if a boundary issue arises and consult your real estate lawyer.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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