Disputes between neighbors can have devastating consequences. In some cases, the conduct by one neighbor could affect the use of a property or even its long-term resale value.
Boundary disputes between neighbors are somewhat common. Many people who acquire real estate rely on the seller to tell them where the parcel starts and ends. They may then eventually find themselves arguing with a neighbor about where the line between the two parcels actually falls.
Boundary disputes can create neighborly hostilities and can even lead to a loss of the disputed portion of the property. How can homeowners resolve a boundary dispute with a neighbor?
1. Review the legal description
Every deed includes a legal description of the parcel rather than the improvements erected upon it. The legal description can help people clarify the exact placement of a boundary between two parcels.
However, sometimes one deed’s legal description is inaccurate. Other times, the technical language used in those descriptions confuses people instead of clarifying the situation. When that occurs, the support of a real estate professional may be necessary.
2. Hire a surveyor
Surveyors are real estate professionals trained to measure parcels and establish boundary lines. They have special tools that help them determine the exact placement of the boundary between parcels, and they can place a marker that can help guide any future planned improvements for the parcels, such as a boundary fence that may have triggered the disagreement.
In cases where one property owner doesn’t accept the surveyor’s conclusion or where they proceed with their plan to erect improvements over the boundary line, legal action may be necessary.
3. Ask the court for assistance
Disputes related to boundaries may require the intervention of a civil court judge. Judges can correct inaccurate legal descriptions and title records. They can update records so that there is no question about where the boundary actually falls after reviewing deed information and surveyor reports. They can also issue injunctions that either prohibit the installation of improvements across the boundary line or order the removal of improvements, such as fences erected over the boundary line.
A real estate attorney can assist with every stage of the process, from reviewing the legal description and contracting with a surveyor to filing a petition for a hearing in civil court. Knowing how to handle a boundary dispute can prevent it from causing permanent damage to neighborhood dynamics or the loss of property value.
