Selling a House With a Boundary or Fence Dispute in Washington (2026)

Short answer: You can sell a house with a fence or boundary problem in Washington, but you have to disclose it, and an unresolved dispute can slow down or derail a sale. The most common fix is a new survey and, if you and the neighbor agree on the line, a recorded boundary agreement under RCW 58.04.007. If you can’t agree, either owner can ask a superior court to set the line. Start early, because surveys and neighbor talks take time.

This is general information, not legal or survey advice. Boundary law depends heavily on the facts and on court decisions. Talk to a Washington real estate attorney and a licensed land surveyor about your property.

Why it matters when you sell

Old fences often don’t sit on the true line. A neighbor’s shed, driveway or landscaping may cross it, or your own may. None of that has to stop a sale, but buyers find out sooner or later: through the seller disclosure, a survey, the title company, or a conversation with the neighbor. It’s better coming from you.

Washington’s seller disclosure statement, Form 17, is set out in RCW 64.06.020. Several of its questions touch boundaries:

• 1C: "Are there any encroachments, boundary agreements, or boundary disputes?"
• 1J: "Is there a boundary survey for the property?"
• 1G: whether there are any studies, surveys, projects or notices that would adversely affect the property.
• 1A: whether you have legal authority to sell the property.

RCW 64.06.020 currently has two versions on the Legislature’s site: one marked effective until January 1, 2027, and one effective January 1, 2027. The questions quoted here appear in both. If your sale runs across the new year, check which form is being used. Under RCW 64.06.030, the form goes to the buyer within five business days after mutual acceptance unless the contract says otherwise, and the buyer then has three business days to accept it or rescind. If you learn something new before closing that makes an answer wrong, RCW 64.06.040 says you have to amend the form. A dispute that flares up mid-sale counts.

Ways a boundary problem gets resolved

Washington law gives neighbors a few paths. Which one fits depends on whether you agree, how long the current line has been treated as the boundary, and what the deed says.

Based on: RCW 58.04.007, 58.04.020, 58.17.040, 4.16.020 and 7.28.070. Possession claims also depend on court decisions not summarized here.

Two more statutes come up often. Under RCW 7.28.083, a court may order a successful adverse possessor to reimburse the owner for property taxes, and may award costs and attorneys’ fees in cases filed on or after July 1, 2012. And when a surveyor sets a corner that materially differs from the record description, RCW 58.09.040 requires a record of survey to be filed within ninety days, so a new survey can end up in the public record.

Fences, trees and the neighbor

A few specific rules cover the things neighbors argue about most:

• A shared fence. Under RCW 16.60.020, if one owner builds a fence on the boundary and the neighbor later uses it to enclose their own land, the neighbor pays half the value of the part that serves as the partition fence.
• Cut trees. Cutting or injuring someone else’s trees without permission can mean treble damages (RCW 64.12.030), reduced to single damages if the trespass was casual or involuntary or the person believed in good faith the land was theirs (RCW 64.12.040). Don’t let a fence crew clear a line you haven’t confirmed.
• Easements. A neighbor’s right to cross your land is a different issue from a boundary dispute. Our guide to shared driveways and easements covers recorded and unrecorded access rights.

What to do before you list

Based on: RCW 64.06.020 (Form 17 Items 1C, 1G, 1J), RCW 64.06.040, RCW 58.04.007 and RCW 58.09.040.

Buyers will see recorded boundary agreements, easements and exceptions in their preliminary title commitment, so a settled, recorded line reads much better than an open argument. If you’d rather sell without fixing other issues, our guide to selling a house as-is explains how disclosure still applies. For the rest of the timeline, see the closing process.

FAQ

Do I have to disclose a fence or boundary dispute when I sell?

In most sales, yes. Washington’s seller disclosure form (Form 17, set out in RCW 64.06.020) asks, "Are there any encroachments, boundary agreements, or boundary disputes?" It also asks whether there’s a boundary survey for the property. Answers are based on what you actually know, but if you know about a dispute, say so and attach what you have.

Can my neighbor take part of my yard by using it long enough?

Possibly. Washington allows claims to land based on long possession. The general deadline for actions to recover real property is ten years (RCW 4.16.020), and someone in good-faith possession under color of title who pays the taxes for seven years can be adjudged the owner (RCW 7.28.070). The details come largely from court decisions, so talk to a real estate attorney about your facts.

How do neighbors fix a boundary line without going to court?

Under RCW 58.04.007, if all the affected owners agree on where the line is, they put it in a written agreement with legal descriptions and a survey map, sign and acknowledge it like a deed, and record it with the county. The agreement binds future owners. A surveyor usually prepares the map.

What if the neighbor cut down trees on my side of the line?

Washington lets an owner recover treble damages when someone cuts or injures trees on their land without permission (RCW 64.12.030). The award drops to single damages if the trespass was casual or involuntary, or the person had probable cause to believe the land was theirs (RCW 64.12.040). An attorney can tell you which applies.

Can I still sell while a boundary dispute is unresolved?

Yes, but expect questions. Disclose it on Form 17, tell your agent and escrow early, and give buyers whatever survey or correspondence you have. Many buyers and their title company will want the issue settled or clearly described before closing, so resolving it first often makes the sale smoother.

Talk it through with a local agent

Peter Kim and Odigo Real Estate Club can help you line up a surveyor and an attorney, get the disclosure right and time the listing around a boundary fix, with 25+ years combined experience, 593+ closings, and 122 five-star Zillow reviews. See our home selling services or ask for a property valuation.

Odigo Real Estate Club · REAL Brokerage, WA #112064 · 16108 Ash Way, Suite 201, Lynnwood, WA 98087 · (425) 409-3823 · Mon–Sat 9 AM–6 PM, closed Sunday

Sources

• Washington State Legislature, RCW 58.04.007 (affected landowners may resolve a boundary dispute by written agreement and survey, or by court action), https://app.leg.wa.gov/RCW/default.aspx?cite=58.04.007 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 58.04.020 (suit to establish lost or uncertain boundaries; mediation), https://app.leg.wa.gov/RCW/default.aspx?cite=58.04.020 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 58.17.040 (subdivision chapter exemptions, including boundary line adjustments in subsection (6)), https://app.leg.wa.gov/RCW/default.aspx?cite=58.17.040 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 4.16.020 (actions to be commenced within ten years, including actions for the recovery of real property), https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.020 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 7.28.070 (adverse possession under claim and color of title; seven years; payment of taxes), https://app.leg.wa.gov/RCW/default.aspx?cite=7.28.070 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 7.28.083 (adverse possession; reimbursement of taxes; costs and attorneys’ fees), https://app.leg.wa.gov/RCW/default.aspx?cite=7.28.083 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 58.09.040 (record of survey; filing within ninety days), https://app.leg.wa.gov/RCW/default.aspx?cite=58.09.040 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 16.60.020 (partition fence; reimbursement of one-half the value), https://app.leg.wa.gov/RCW/default.aspx?cite=16.60.020 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 64.12.030 (injury to or removing trees; treble damages), https://app.leg.wa.gov/RCW/default.aspx?cite=64.12.030 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 64.12.040 (mitigating circumstances; single damages), https://app.leg.wa.gov/RCW/default.aspx?cite=64.12.040 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 64.06.020 (seller disclosure statement form; version effective until Jan 1, 2027 and version effective Jan 1, 2027), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.020 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 64.06.030 (delivery of the disclosure statement; buyer’s options; time frame), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.030 , accessed Nov 3, 2026.
• Washington State Legislature, RCW 64.06.040 (amendments to the disclosure statement; closing the transaction), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.040 , accessed Nov 3, 2026.