Settling a Boundary Dispute with Your Neighbor; Here's How
In case you have already entered a dispute with your neighbor regarding your territory, below are some tips on how you will be able to resolve your conflict.
22/06/2020
The boundary of your property needs to be clearly defined to inhibit any troubles in case you want to build a fence, retain a wall, remove a tree, or even place a new driveway. There is a great chance for you and your neighbor to have a misunderstanding once either of you miscalculates the boundary of your property. In case you have already entered a dispute with your neighbor regarding your territory, below are some tips on how you will be able to resolve your conflict.
Inspect and Understand the Boundary Line in Question
You may already be aware of the boundaries of your territory, but once it gets questioned by your neighbor, you may want to get a clearly defined line. In doing so, you can get the services of a licensed surveyor to draw an exact boundary line. One of the first things that they will do is to measure the location of all the improvements done on your property and map its relation to your boundary.
Rest assured that they are equipped with highly specialized equipment, other tools, and the skills necessary to ensure that the physical boundary on your property matches government records. The land survey experts at Ray Carlson and Associates believe that these technological innovations prove to be invaluable in making accurate readings, particularly in an irregularly shaped property with more corners. After this, the land surveyors will also do full research of records regarding past transfers that may have led to your boundary issues.
Through a thorough title search, you will be able to uncover all related documents that may affect your ownership and your boundary limits. For instance, the previous owner of your property may have granted a certain parcel of your land to your neighbor, which was not brought up when you purchased the land. Details like this often come up when you purchase an insurance policy covering your property, but this may be left undiscovered if you instead received a quitclaim deed.
The land surveyors will present to you the results of their survey in a manner that both you and your neighbor will fully understand. They can also provide advice regarding the steps that you need to take to resolve the issue moving forward.
Have an Open Dialogue With Your Neighbor
After you have a clearly defined property boundary by seeking the help of professional land surveyors, the next step is for you to talk through the boundary issues with your neighbor. You will help your neighbor understand your perspective by showing them the results of the survey. More often than not, boundary disputes are already resolved after a land survey or a full title search is completed. It can be that neighbors are merely not aware that they are already stepping over to your territory. In any case, you can get in touch with a third party in your community who will be able to provide an insight on your issues without bias.
After you and your neighbor already agree on your boundary lines, you have the option of putting up a fence or a wall as a concrete indication of the separation of your property. Both of you should be aware of the concept of the work because either you or your neighbor may enter the other side for the completion of the work. You should also come to an agreement regarding the fees necessary to fund the project.
Seek the Services of a Lawyer
There are instances wherein after all the documents presented, the argument may be far from over for one or both parties. In this case, the next step is to seek the services of a real estate lawyer to defend or argue the point of each party through litigation. When you reach out to a lawyer, you will have a good idea of whether you have a valid claim, or what additional documents you need to present in case your issue is escalated to court.
The first step that a lawyer can do for you is to issue a letter to your neighbor to explain the situation and request action. The letter can include an offer to settle, which is significantly more convenient than having the case put to trial. Keep in mind that your neighbor can forward your letter to their attorney and respond to you through a lawyer too.
Escalate the Matter to Court
When negotiations assisted by a lawyer seems futile to resolve the boundary issues you have with your neighbor, then you have the option to take the matter to court. This simply means that you are leaving it up to the court to decide who legally owns the parcel of land in question after presenting all your evidence. In order to reach a fair settlement, the court may require you to get a mediator to guide the negotiations.
Make sure to get a mediator who is knowledgeable in real estate, or those who have handled cases such as yours before. If mediation still proves to be unsuccessful, your next step is to prepare for trial. However, you need to carefully assess how much the parcel of land weighs on you because the entire trial can be financially draining. Nevertheless, if you know that you have a strong case, then you will be able to obtain a clear title and finally resolve the dispute with your neighbor.
In conclusion, make sure that you are aware of the boundaries of your property to decrease the chances of getting in a dispute with your neighbor. But once you do, inspect and understand the boundary line in question and be open to a dialogue with your neighbor. In case you are not able to resolve the matter among yourselves, you can seek the services of a lawyer before escalating the matter to court. Just remember that it still boils down to identifying the accurate placement of your property boundary and there are instances wherein fighting for a small strip of land is all worth it in the end.