4 Types of Boundary Disputes, and Why You May Need a Lawyer
Are you dealing with boundary disputes? There are four types you should know as well as why it’s ideal to hire an attorney.
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Introduction
Home is supposed to feel comfortable and secure. And your neighborhood is supposed to feel like a place where everyone looks out for one another. That is, of course, until there is a boundary dispute. These things can turn ugly really fast. With each party feeling that their property rights are being infringed upon, it is hard to find a resolution.
Four main types of boundary disputes are most often incurred and we are going to talk about them.
1. Property Line Disputes
One of the most common disputes is concerning encroachments or lot lines. And oftentimes these arise during real estate transactions. Any time there is a transfer of property or refinance and a survey is included, it is not uncommon for issues to come up about where the property line should be. The survey may read one way, but looking at the property, it could be a little off. So which one is right?
Going back to the original property records can often help as it would have the original survey. If they cannot be located or there is no survey, it could pose bigger issues.
2. Fencing, Landscaping, and Outbuilding Disputes
Anytime something is done to the property, such as fencing, landscaping, or outbuilding, you run the risk of running into issues with your neighbor. Are you looking to add a new fence and need to determine the property line? Are you wanting to remove a fence that was there before both of you – and you don’t know who has the right? What about a large tree – is it on your property or your neighbor’s? Who is responsible for it?
Things like this that seem simple can turn into neighbor wars really quickly. If you cannot work it out between you, it is important to seek expert guidance.
3. Access Disputes
Access disputes aren’t too common in urban areas but are quite common in rural areas. Some homes may require accessing another’s property in order to get to their own – or to get to a road. It seems impossible to buy a property that you don’t have the means to access without crossing someone else’s, but it happens more often than you would think.
Often, neighbors can work through access issues and come up with a solution, but not always. Sometimes experts must go back and review existing property records to see if there is an easement that can resolve it. Otherwise, further action may be necessary.
4. Adverse Possession and Prescriptive Easement
Adverse possession and prescriptive easements are a way in which someone can acquire the full title of the property if the property is possessed for a period of 5 consecutive years and meets the following criteria for its use:
- Open and notorious
- Continuous and uninterrupted
- Hostile to the true owner
- Under a claim of right
Adverse possession actions require one more criterion and that is showing that the property taxes have been paid for those five years.
Prescriptive easement disputes come from those seeking use of the property, such as a driveway, whereas adverse possession seeks ownership of the property. These are perhaps the most difficult and confusing boundary disputes – even causing confusion among legal professionals.
It is highly recommended if you are dealing with any boundary dispute – especially this type – that you have an attorney represent you.
Winning a Boundary Dispute
It is always nice to try to do things amicably, but it doesn’t always work that way. When it comes to boundary disputes, it is tough to get property owners to budge – only resulting in an even bigger mess. To be able to say that you exhausted all efforts before taking legal action, it’s a good idea to try a few things, such as:
Try to talk to your neighbor. See if you can somehow come to an agreement. After all, you are going to be stuck next to one another – potentially for a long time – so it may make more sense to try to work it out rather than escalate it.
Gather pictures and video of the boundary issue. This may include older photos and newer ones – even aerial photos from when you purchased the property. This may help everyone physically see the boundary. And it may even work to clear up disputes if you work together.
Organize your records. If you have any records or documents that will help the boundary issue then gather and keep them for reference when the time comes. Any historic records you may have could turn out to be most helpful, especially if it reflects the proper boundaries.
Reach out to others. Talk to those who may have some insight into the property, such as former owners or lifelong neighborhood residents.
Hire an attorney. Boundary disputes cannot be resolved if both parties can’t work together. If you have tried to amicably resolve the issue to no avail, it’s time to hire an experienced attorney.
Why You May Need an Attorney
Hiring an attorney can be a very important step in boundary dispute cases. Tensions can escalate quickly between neighbors so having an attorney work to offer clear and concise communication in an attempt to reduce any friction is a huge benefit.
If things progress in a boundary dispute case, you are likely going to find yourself in need of experts to fight your case. An experienced attorney has these connections, strategies, and more to help you win your case.
In certain instances, hiring a lawyer and taking legal action right away may not feel like the right thing to do. But, when it comes to boundary disputes and discussing people’s rights when it comes to their property, things can get heated quickly and possibly cause damage. It’s best to have an attorney handle the entire process.
Closing Thoughts
Boundary disputes are no fun, especially when they cause a sort of unrest between you and those who live near you. Take the initiative to hire an attorney and do things right – keeping open communication and remaining amicable. It will be in the best interest of all parties.
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