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Boundary disputes may lead to litigation when the matter cannot be resolved through peaceful means. This means that both parties must understand the situation, what the argument involves and how to proceed legally through the problem.
Property conflicts usually occur when either one or both neighbors have a problem over the boundaries that exist with the real estate. This may be due to design plans, plotted land documents and deeds or titles that explain what should reside within the boundaries of the land. Unfortunately for some homeowners, these files do not have the most up to date features. This could mean that one plan has certain structures that were torn down or sold and moved years or decades ago from the most current paperwork. Other documents may have boundary lines that have rivers, streams, forests or fields that have long since disappeared.
Many of these arguments start when deed descriptions are inaccurate or have been wrong for years. The conflict may initiate when one party decides to build on or sell a portion of the land. When one individual does not agree to this because his or her documentation states that area is his or hers, then the matter often leads to litigation when peaceful solutions are not possible. Other concerns may arise when one neighbor has been using the disputed land for years and wants to claim ownership such as through adverse possession. It generally takes a real estate lawyer to understand these proceedings and how to move past the initial conflict these matters bring.
Perception of the Boundary Issue
It is important to first perceive what the issue is that is causing the argument. A professional analysis is the best first step so that each neighbor is aware of whose property is which and what areas belong on the deed. If there is an encroachment, it is important to understand how long it has been occurring, how much of the land in question is affected and if any consent was given for the encroachment or other issues. If the matter is about a fence or covered areas, this could be another conflict. This means that state laws about boundaries may come into effect and any further complications may need additional assistance.
It is often best to seek more information to perceive which boundary edges exist and who owns what pieces of land. This is often obtained through a survey, appraisal and a full title search to determine these matters through a professional or expert. If these were completed previously when the property was purchased, they may be used for the claim and save both time and money during the dispute. However, if the issue goes to court, a new survey or other processes may be required by an independent professional. It is best to contact a lawyer during these methods to know if any additional steps need to be taken based on state regulations.
Moving Forward
Once the issue has been established, and all expert assistance is rendered, it is time to move forward. Many disputes are resolved immediately when a survey or full title search have been completed. However, if the argument is not over for one or both of the parties, it is time to determine what to do next to progress forward. This usually means attempting an open discussion to see if there are any solutions to the problem with honest and peaceful dialogue. The issue has been understood by both, the problem is clear and the boundaries have been defined through professional help and documentation.
A mutual agreement on what to do with the land or property could be reached through communication and non-emotional talks. This is best and could save a relationship with a neighbor overall. However, if the owner or the disputer cannot reach some sound and reasonable result, it is time to contact a lawyer to either defend or argue the point through litigation. While it may be recommended to keep communication open with the person in dispute, speaking to a lawyer and garnering his or her advice is important so that legal concerns are put to rest as much as possible.
Boundary Dispute Legal Help
When the plaintiff has ownership and documentation proving that the land is his or hers, it is important to ensure the courtroom is provided this evidence. Through hiring a lawyer, all formal processes may be satisfied, and an independent survey may be accomplished to find success through litigation and retaining or reacquiring the parcel of land.
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