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How to resolve a boundary dispute with a neighbor

On Behalf of | Apr 12, 2024 | Real Estate |

Real estate disputes arise under a variety of circumstances. Sometimes, there is an issue with the condition of a property that a seller did not disclose when listing the property for sale. Other times, the dispute may involve a brand-new home and defective materials used by construction professionals.

New owners aren’t the only ones at risk of real estate conflicts. Someone who has been in their home for years might find themselves embroiled in a real estate dispute with a neighbor related to the boundary lines for the property. Sometimes, people misremember what the prior owner told them about the placement of the boundary. Other times, they may remember accurately, but the information could be incorrect.

Neighbors may have very different ideas about where the boundary between two parcels actually falls. How can someone who wants to install a fence or prevent their neighbor from crossing a boundary line with the new addition to their home settle a dispute and protect their property value?

Professional assistance may be necessary

Some boundary conflicts are easy to resolve. A review of the deeds for the two properties can clarify where the boundary between them actually falls. The legal description for a parcel usually includes clear details about where the property starts and ends.

However, the language used in legal descriptions can often be confusing to those without special training. Therefore, those attempting to resolve a boundary dispute with a neighbor may need to hire a surveyor. Surveyors have equipment and training that allow them to effectively establish the boundary line between two properties. They also typically carry professional insurance that can help cover costs and losses if they improperly set the boundary between the two properties and cause financial harm to either owner.

Occasionally, even a surveyor’s work isn’t enough to resolve a boundary dispute. Neighbors may eventually need to take the case to court. Civil litigation can provide clarity about the placement of a boundary. A lawsuit could also prevent someone from building over the boundary line. In fact, a successful lawsuit might even lead to the courts ordering someone to remove fencing or other property improvements that crossed the boundary onto someone else’s parcel.

Establishing and defending the boundaries of someone’s real estate holdings can both be crucial concerns when it comes to the preservation of someone’s property value. As such, those who are proactive about resolving boundary disputes can better protect their investment from the incursions of others.

Findalaw Network