Living next door to someone can be a wonderful experience. You might have a friendly neighbor to borrow a cup of sugar from, someone to watch your pet when you travel, or even a new best friend. But what happens when things get complicated?
Disagreements about property lines are a common source of tension between neighbors, and navigating these disputes can be stressful.
If you’re facing a boundary problem with your neighbor, a property line dispute lawyer at Dickson Frohlich Phillips Burgess can be your best friend.
Types of Boundary Disputes
There are several ways a boundary problem can manifest:
Encroachment
This happens when your neighbor builds a structure, plants trees, or otherwise uses a portion of your property as if it were theirs. A common example is a shed that extends a few feet onto your land.
Unclear Boundaries
Sometimes, property lines aren’t clearly marked or documented. This can lead to confusion and disputes, especially if neighbors have different interpretations of where the boundary lies.
Survey Disputes
Occasionally, even a professional survey can be inaccurate. If you disagree with the surveyor’s findings, it can lead to a dispute with your neighbor, especially if they relied on the survey for construction or landscaping.
Easement Issues
An easement is a legal right that allows someone to use part of another person’s property for a specific purpose, like a shared driveway. Disagreements can arise over the scope of the easement, how it’s used, or even if it exists at all.
Understanding and Solving the Problem
Legal action should not always be your first course of action. First, try to solve things amicably with this neighbor, especially if you’ve lived together for a long time.
Here are a few ways you can try to settle out of court:
- Gather information: Find your property deed and any surveys you have. These documents will show the legal boundaries of your land and get your neighbor to finally agree that they are encroaching on yours.
- Talk to your neighbor: You can also try approaching them calmly. After all, they are your neighbors, and you probably might have shared happy memories together over the years. See if you can reach a common understanding through conversation.
- Mediation: If communication is difficult, consider mediation. A neutral third party can help facilitate a conversation between the both of you, and maybe you can both find a solution that works for both parties.
When to Take Your Neighbor to Court
Unfortunately, not all boundary disputes can be resolved amicably. Here are some situations where legal action might be necessary:
- Your neighbor refuses to budge: If your neighbor is unwilling to compromise or acknowledge your concerns, a lawsuit might be the only way to settle the dispute.
- Serious encroachment: If your neighbor has built a significant structure on your property, legal action might be necessary to protect your rights and get them to remove it.
- Harassment or threats: If your neighbor becomes aggressive or threatening during the dispute, involving the legal system can help ensure your safety.
Get Yourself a Lawyer
A property line dispute lawyer can be a valuable asset in resolving a boundary problem. They know how to analyze your property deed, surveys, and any other relevant documents to determine the legal boundaries of your land.
Boundary dispute laws and regulations can vary depending on your location. Your lawyer will be familiar with the specific laws that apply in your case.
If mediation or arbitration would work better for you, they would advise you to go through these routes instead. These processes can be quicker and less expensive than going to court.
They can also collect and present evidence to support your case, such as photos, measurements, and witness testimonies. If litigation becomes necessary, a lawyer can represent you in court and fight for your rights.