In Washington State, property owners usually cannot alter the location of a property line just by talking about it. But there is an important exception which applies in certain very specific circumstances. If property owners are genuinely unsure where the boundary line is located, or honestly disagree about the location, they may verbally agree on the location of a boundary line and then treat this new line as the actual boundary line. If they then mark it and use their properties according to the new line, the law may treat that verbally agreed line as binding and enforceable.
A claim for Boundary by Parol Agreement depends on whether a few specific requirements can be proven.
The Four Main Requirements for Boundary by Parol Agreement to Apply
1. There must be real uncertainty or a real disagreement about the location of the property line.
The first requirement is genuine uncertainty regarding the location of the property line. The owners must honestly not know where the boundary is, or they must genuinely disagree about it. If the line was already known and fixed, they usually cannot seek to move it just by making an oral agreement.
2. The neighbors must clearly agree on a specific line.
It is not enough for one person to assume a line exists or for the other person to stay silent. There must be a real shared agreement about where the boundary will be. The agreement also needs to be specific, not vague.
3. The agreed line must be marked and visible.
The agreed boundary should be visible and readily discernible. A fence is the most common example, but other clear markers may also work. A temporary marker or marking only a single point without showing the line itself may not be enough.
4. The parties must use the land in a way that matches the agreed line
After the line is agreed on and marked, the parties must act consistently with it. For example, each person may maintain, improve, or occupy the land up to the new line. This matters because later buyers may be bound if the property visibly shows where the boundary has been treated as existing.
Johnston v. Monahan, 2 Wn. App. 452, 469 P.2d 930 (1970); Piotrowski v. Parks, 39 Wn. App. 37, 691 P.2d 591 (1984).
Reasons Why a Claim for Boundary by Oral Agreement May Fail
1. There was no real uncertainty about the location of the boundary line.
If the boundary was already known, an oral agreement typically would not be effective.
2. There was no clear agreement
A claim can fail if one owner thought there was an agreement, but the other did not. The court looks for a real meeting of the minds (i.e., consensus), not assumptions or vague conversations.
3. The boundary was not clearly marked.
If the claimed line was never clearly shown on the ground, the claim may fail. A vague marker, a temporary object, or a single point without a visible line may not be enough.
4. The parties did not act consistently with the line.
If the neighbors used the land in ways that did not match the supposed boundary, that inconsistency can undermine the claim.
5. A later buyer may not be bound if there was no reasonable notice.
A later buyer may have a strong defense if nothing about the property would have alerted a reasonable person to the claimed boundary arrangement. Visible conditions on the property often are important to the application of this rule.
6. The parties may have been mistaken rather than agreeing to change the line.
If the neighbors were only trying to locate what they believed was the true line and never intended to give up or accept land beyond that true line, a court may decide there was no binding oral boundary agreement.
Conclusion
Boundary by Parol (oral) Agreement is a rare exception in the world of real estate. In general, most agreements relating to real estate need to be in writing and notarized. This rule is very nuanced and fact-specific. If you have an issue relating to a boundary line between you and a neighbor where you think this rule may apply, you can contact an attorney in our Real Estate Litigation Department to evaluate your situation and assess your legal rights and options.
