Boundary disputes can cause a variety of complications for real property owners. Obviously, disagreements about ownership of and access to real property can strain neighborly relationships. Additionally, one neighbor might intend to build over a boundary between two properties or make an adverse possession claim, which can diminish the holdings of the other property owner. The dispute can lead to long-term financial complications.
Those facing a boundary dispute with a neighbor often need to take assertive steps to address the issue promptly. What steps are generally necessary to settle a significant boundary dispute?
Validating the boundary
In some cases, confusion about boundary placement is the underlying reason for the dispute. Perhaps the legal description of one parcel contradicts the legal description in the deed for the other property. Maybe a prior owner misrepresented the placement of the boundary to the new owner. Hiring a surveyor can help settle the dispute in some cases. If not, the official survey report they provide can allow for legal action.
Asking for a judge’s review
Real estate litigation can lead to a judge reviewing the dispute and records about both properties. A judge has the authority to protect people from boundary incursions. They can then correct outdated legal descriptions, issue injunctions to prevent the erection of improvements over the boundary line and otherwise help address the disagreement between the neighbors.
Those who worry about losing their property due to improvements that crossed the boundary line or the possibility of an adverse possession claim may need to seek support promptly. Taking appropriate action, including pursuing real estate litigation, can help property owners to protect their most valuable assets.