Buying property is a lifelong dream for many people and is typically the most expensive investment they make. It is, therefore, understandable that a property owner would be unhappy if someone encroached on their land or disputed one of their boundaries.
Resolving these issues can be a complex and sensitive process. Fortunately, you can follow a few steps to reach a conclusion and consensus that everyone will be happy with.
Talk It Out and Negotiate
The first step to any dispute should be open and respectful communication between everyone involved. Start by setting a meeting with your neighbors or other parties and then exchange relevant documents. Discuss the issue calmly, understanding that you can resolve misunderstandings or errors in property documents and boundaries through a simple discussion.
Commissioning Professional Land Surveys
Before going further, it is best to know about the land the property sits on. The best way of doing this is by commissioning professional surveys. A professional survey will help determine property lines based on legal descriptions and physical markers the surveyor can see on the ground. Some surveyors will also use maps and aerial footage when accessing the property is difficult.
In addition to typical geographical surveys, property owners should also commission easing surveys. These surveys help determine the location and dimensions of the easings on your property.
Easings are legal rights for individuals and entities to use a portion of your land for public utilities, right-of-way access, passage for repairs and maintenance, and ensuring enough open space in the area.
By accurately determining the location of easements, an easing survey can provide a clear understanding of where the easement areas end and the private property begins. You can contact a reputable survey company that provides easement survey services to help you determine all this and resolve property boundary disputes.
Try Mediation
Once talks break down and you know everything you need to know about your property boundaries and features, such as easings, it is a good idea to go into mediation. Mediation is a much better option than going to court because doing so can be expensive and time-consuming.
Also, mediation is often less adversarial than going to court and can, therefore, be more productive.
Choose a neutral third party to be the mediator so they can facilitate all discussions without bias. By doing so, they can help all parties come to a mutually agreeable solution.
Write Up a Boundary Line Agreement
Once the mediation is over and everyone agrees to the solutions provided, the parties can enter into a boundary-line agreement. This is an agreement between owners of pieces of adjacent land to set the precise location of a boundary between their properties.
The boundary line agreement is often attached to a survey that establishes where the common boundary line should be. The agreement can also specify that the boundary be set on a reference point such as a fence or structure. The owner can also be asked to move the fence or not make any claims of the land between it and the set boundary line.
A boundary line agreement is typically legally binding and can be recorded as a public record to avoid further disputes in the future.
Challenge Adverse Possession
Numerous old laws still linger around, one being adverse possession laws. These laws apply when a party has been using a piece of someone else’s land openly, extensively, and continuously for a specific period depending on the state.
The scary thing is that many boundary disputes where adverse laws are cited result in the land’s owner losing it to the other party or person making the claim. For this reason, navigating adverse possessions can be a legal minefield, so you need an attorney to help you.
They will also help you challenge the result if you lose your land to a squatter.
Going To Court
If all else fails, you can pursue litigation in court. Remember that this should be the last resort because the process can be expensive, time-consuming, and strain relationships between the parties involved.
Conclusion
Property boundary disputes can be adversarial and cost you a lot of time and money. Resolving this with the other party or through a mediator before going to court is always best. You should also hire a lawyer if you think other laws, such as adverse possession laws, will apply to your property or the property you are disputing.
