“As we all know, “A good fence makes good neighbors,” but what happens when the fence crosses into the neighbors’ property? As long as private property has existed, neighbors have conflicted over correct property lines regardless of fences.Property disputes are often high-stakes and tense. Because one’s wealth and sense of home can relate to their property, a Boundary Dispute Attorney can assist you in property boundary disputes.”
We discuss a few critical things to remember when deciding whether a real estate attorney is necessary for a property boundary dispute.
Bit about Boundary Disputes
It’s the same thing you think it is when it comes to boundary disputes. Real estate disputes occur between neighbors. A dispute over property boundaries involves the right of either owner to extend beyond their legal boundaries.
Your property’s title plan shows you the approximate boundaries. Most properties in England or Wales don’t have records of the exact boundary or the ownership of adjacent hedges, fences, or boundary walls. Property boundary disputes are a common problem for homeowners.
These disputes commonly arise shortly after a person has purchased a property. Upon purchasing the property, the owner discovers a shared boundary line cut by a driveway, fence, access point, garage, or other structure. In this case, you will need an attorney to assist you in resolving the issue.
What types of issues are included in boundary disputes?
Boundary disputes can arise in many ways and trigger many legal areas. There are different methods for resolving boundary disputes. Typical boundary disputes include the following:
Lot line disputes:
Do your neighbor and you disagree on where the property line lies? Are there any misconceptions on either side? Is your survey out of date? Sometimes, there is not an actual dispute about the lot line (that’s usually undisputed).
There is often a misperception about the lot line, and the reality needs to match the survey.
Sometimes, people’s driveways overlap neighboring properties by a few inches or feet. These disputes occur when one property owner wants to get back some inches or feet, leaving the other with a narrow driveway. It is not uncommon to see these disputes between older and newer properties next door.
Fence Border Disputes:
Owners often replace fences where they believe the property line is, only to discover that the original fence or wall lies elsewhere a few months later.
Are you aware of the possibility that a part of your yard that you have landscaped for years belongs to someone else?
A survey reveals that your home or your neighbors encroach on one another.
A survey shows that the garages of either you or your neighbor have encroached on each other.
Sometimes, a property owner needs access to a neighboring property in a commercial and residential setting.
An access point can be an ingress or egress point or something broader like an adjacent driveway or parking lot used by business customers.
Why Boundary Dispute Attorney?
Boundary dispute lawyers are professional legal experts. These lawyers are responsible for settling the dispute regarding real estate’s possession or acquisition. In most cases, the disputes are regarding the boundary limits of the property. As per common observation, this dispute normally arises when buying property. The major boundary disputes are drive-away, boundary-line limits, entrance or exit areas, front or back yards, or a garage portion or area.
Without the engagement of a property line dispute lawyer, it becomes complex and even hard for the stakeholders to settle the dispute. So to avoid the complexities within the same spectrum, it is highly recommended to seek the services of a boundary dispute attorney. Professional Boundary Dispute Attorney deliver top professional services to their clients per the legal requirement and jurisdiction. Also, they can deliver the maximum support and assistance in the survey and advisory services, which are beneficial for their clients. So to resolve boundary disputes, people seek the services of a boundary dispute lawyer.
When do you need a property line dispute lawyer?
There are different types of boundary disputes. Boundary disputes are treated differently by the law, depending on their nature. The law clearly states that all boundary disputes don’t apply equally.
The field of expertise of boundary dispute attorneys varies depending on the type of dispute. In the cases below, people can seek legal help from property line dispute lawyers.
Property allotment limit
Boundary Dispute Attorney specializing in boundary disputes settle disputes related to property allotment limits. A lawyer helps the stakeholder with the settlement to avoid confusion.
When purchasing a property, most of the time, a driveway limit issue arises. Depending on how much space you get, it could be several inches. Owners or neighbors own space. The boundary dispute lawyer makes a space settlement between the parties following the legal jurisdictions.
Fencing is another major cause of property line disputes. Fence replacements often lead to this type of problem. To resolve the boundary dispute, the attorney arranges a survey.
When the fence needs to be correctly placed after the survey. Then the property line dispute lawyer assigns the correct space to each party.
There is an issue with this foundation in house yards. To resolve the property line dispute, people hire a lawyer to determine the correct positioning of the yard part of the house.
Sometimes, issues of property encroachment arise after a property survey. Either the owner or the neighbor can be responsible. Encroachments can occur in front or back yards or garages. Thus, Real Estate lawyers near me assist stakeholders in this case with the best services.
Additionally, the real estate need may require access via the neighboring property. Commercial or residential buildings can meet this need. Congested spaces or other relevant factors may cause this requirement. Depending on the perspective, the access area can be small or large.
According to the case, the dispute can also be simple or complex. Thus, the boundary dispute lawyer provides the largest support and help to the client in this scenario.
Therefore, lawyer parties can resolve the legal lines relating to access area property disputes by involving Attorney Real Estate.
Boundary disputes often get heated.
Some people who find themselves amid a boundary dispute might find this understatement. There is no doubt that property is a person’s kingdom, and questions about ownership of a part of the property can involve large sums of money, privacy, and even honor.
As early as the days of this country, property boundary disputes resulted in deadly feuds, and land surveying helped keep the peace between landowners. George Washington and Thomas Jefferson were among the first to learn the craft of land surveying.
Although boundary disputes are relatively rare, emotions can still get heated between neighbors. It is important to remember that even after a dispute, you will still be neighbors, so dealing with matters accurately is imperative.
Using an attorney who can resolve the dispute clearly will allow you to avoid unnecessary and prolonged tension that will prevent you from enjoying your land to its full potential.
California property law needs to be clarified to most laypersons.
The terms prescriptive easements, adverse possession, laches, and quiet title actions often need to be clarified to no lawyers, even though an experienced attorney will understand them well.
A real estate attorney in California can often provide guidance and analysis, even if you have a basic understanding of the terms. The web is full of property law resources (and you may have found this page by doing your research). However, resolving a boundary dispute alone can be costly and irreversible.
A court order will be a great way to resolve the issue of boundary disputes.
The idea of resolving a property boundary dispute with a friendly handshake or written agreement is completely understandable to many who dislike courts, judges, and lawyers.
Handshakes and agreements not approved by a judge often have no legal significance in property boundary disputes. In a property boundary dispute, the respective deeds will take precedence, and a quiet title action in court may be necessary to make the dispute legally binding.
Property lines and understanding boundaries
Individuals usually use county tax maps to determine property boundaries based on these specifics. For houses, this usually includes the front and backyard and acres of land when the house alone is not purchased.
Unfortunately, this process can be complicated if other additions have arisen within the property’s boundaries. Ponds, roads, preserves, and other additions to original property lines may cause this problem.
Changing land may also complicate a case when certain home features run into another person’s property, such as a lake or forest.
Initial steps for property disputes
In a property dispute, it is best to take a proactive stance. It is best to remain calm in the face of misunderstandings or differences of opinion. It is advisable to present legal documents to an unbiased third party for review and discussion.
The files may also include insurance records, maps, surveys, and other files related to the property. This may sometimes resolve the issue. Nevertheless, lawyers can be generally used as mediators or to assist in resolving problems when the legal system is entangled.
Two types of lawsuits
Generally, property disputes can be handled through two types of lawsuits. It is also called ejectment and declaratory judgments in the case of continuing trespass. If a neighbor appears to have trespassed on the owner’s land, the owner may ask a judge to order them to leave the premises with their possessions.
These cases may result in monetary awards. In a declaratory judgment, the court determines land ownership by presenting the dispute to a judge. This is an aggressive approach that usually does not provide monetary compensation. However, a person filing this action can win full ownership over the disputed property.
How do you resolve a boundary dispute?
Generally, it would help if you did not put up or remove any boundary partition without consulting your neighbor first. The reality is, however, that this is only sometimes the case. Your dispute will have to be legally resolved by either First-Tier Tribunal (Property Chamber – Residential Property) or county court if you cannot resolve it between you.
It is not legally binding, but it sets out best practices when resolving disputes, and judges may view your case more favorably if you follow it.
Boundary Disputes can be resolved by looking at the conveyance wording and plans. A party’s behavior or features after the conveyance date may be accepted as evidence of their intentions.
Having a chartered surveyor draw the plans and apply for a determined boundary will be necessary.
Can we remove an encroachment?
Encroachment is the most common problem. The act of building a wall, fence, or hedge on one neighbor’s property is called encroachment. A lot of adverse possession claims occur here.
Adverse possession occurs when one party takes possession of the other’s rights without their consent for the limitation period (12 years). For registered land, ten years if the squatter reasonably believed the land was theirs. Adverse possession cannot be overcome by an argument that the belief was unreasonable.
Ensure you get legal help before removing an encroachment, even if you have adverse possession, since you may be damaging your neighbors’ property irreparably.
Can you sue for encroachment?
Yes, of course. To determine a boundary, you need to apply as explained above. They will likely stop or relocate works if your neighbor accepts the surveyor’s plans. A court will decide whether your neighbor is entitled to ownership over the disputed encroachment if they disagree and find a surveyor who agrees.
However, it is important to remember that a judge may order your neighbor to pay you for damages rather than take down the encroachment. Even if you win your case, the judge may order you to pay your neighbors’ legal fees.
The help of a Boundary Dispute Attorney
As the land, improvements, and alterations to the property change over time, the help of an attorney often becomes necessary. They may evict the neighbor by using the eviction or awarding the estate to one individual.
A professional Boundary Dispute Attorney can provide invaluable advice and recommendations in dealing with these matters. Even though the property may gain ownership using aggressive means, the individual who won it may face adverse reactions from their neighbors and other community members, making life more difficult.
In many situations, litigation requires time, money, and energy. But hiring an attorney may allow the disputer to continue bringing in income. It is also possible for this legal representative to anticipate possible defenses that the neighbor in question may raise if they attempt to evict the homeowner.