Boundary disputes between neighbors can arise suddenly and become contentious. Whether a disagreement is about a fence, a tree, encroachment or where one property ends and another begins, these disputes can quickly disrupt the peace of a neighborhood. Resolving them requires a clear understanding of property rights, careful documentation and oftentimes, the assistance of a skilled legal team.
Most residential boundary disputes begin when one property owner believes another has overstepped their legal property line. This might involve a structure that crosses into the adjacent lot, landscaping that encroaches on shared space or confusion over long-standing informal agreements. Sometimes, these issues come to light during a property sale or renovation, prompting a closer look at deeds and surveys.
Moving forward towards resolution
The first step in resolving a boundary dispute is often to review the legal descriptions associated with each property’s deed. These documents may contain measurements and references to physical landmarks or survey points. However, they can also be vague or outdated, which is why a current professional land survey is typically needed. A surveyor can measure and mark the true property lines based on the legal descriptions and any relevant historical records.
Once the actual boundaries are determined, the next step is communication. Some disputes can be settled amicably when both parties are presented with clear, accurate information. Neighbors may agree to adjust fences, remove encroachments or record easements or boundary line agreements to avoid future conflicts.
However, not all disputes resolve easily. If one party refuses to accept the results of a survey or continues to use property that doesn’t belong to them, legal action may be necessary. In some cases, the issue may involve adverse possession or prescriptive easement claims, which require a deeper understanding of local property law.