The Intricacies of Boundary Disputes and How to Resolve Them

Boundary disputes between neighbors can lead to tense and uncomfortable situations. These conflicts might arise over issues such as property lines, encroachments, or disagreements about shared spaces. Whether it is a fence that has been built a few inches too far or a tree that is casting a shadow on the lawn, these disagreements can strain relationships and complicate property use.

While some boundary disputes can be settled through open communication, mediation, or compromise, some other disputes might be too complicated to be resolved through these methods. If and when it happens, seeking legal assistance might be necessary to achieve a fair and just resolution.

Common Causes of Boundary Disputes Between Neighbors

Boundary disputes between neighbors often stem from a variety of issues. These include:

Unclear Property Lines: One of the most common causes of boundary disputes is unclear or misunderstood property lines. When property lines are not clearly defined or marked, it can lead to disagreements about where one property ends and another begins.
Encroachments: Encroachments occur when a neighbor builds or extends something – such as a fence, structure, or landscaping – onto your property. This can lead to disputes, especially if the encroachment is significant or permanent.
Overgrown Vegetation: Trees, shrubs, or vines that extend beyond a property line can create friction. Overgrown vegetation might encroach onto neighboring properties, blocking views or causing damage, which can lead to disagreements.
Discrepancies in Surveys: Discrepancies between property surveys can cause confusion and disputes. If a new survey reveals different property boundaries than previously believed, it can lead to conflicts over the correct lines.
Changes in Land Use: Changes in land use, such as the construction of new buildings or modifications to existing structures, can sometimes result in boundary disputes. Neighbors might disagree about the impact of these changes on their property or the property line.
Improper Maintenance: Neglecting proper maintenance of boundary markers, such as fences or hedges, can lead to disputes. If one neighbor’s lack of upkeep affects the appearance or use of the adjoining property, it might lead to conflicts.
Historical Disputes: Long-standing disagreements or misunderstandings between neighbors about property lines or usage rights can resurface, especially if new owners are involved or property conditions change.

Steps to Take if You are Involved in a Boundary Dispute with a Neighbor

Review Your Property Documents

Start by reviewing your property deed, survey plat, and any other relevant documents that outline the boundaries of your property. Understanding these documents can provide clarity on your legal property lines and support your position in the dispute.

Communicate with Your Neighbor

Open a dialogue with your neighbor to discuss the issue. Approach the conversation calmly and respectfully, aiming to understand their perspective and reach a mutually agreeable solution. Sometimes, misunderstandings can be resolved through simple communication.

Consult a Surveyor

If there is uncertainty about the property lines, hiring a licensed surveyor can help clarify the exact boundaries. A professional surveyor can conduct a detailed survey of your property and provide an updated property map that can serve as evidence in resolving the dispute.

Document the Dispute

Keep detailed records of all communications, agreements, and any evidence related to the dispute. This includes photographs, written correspondence, and notes from meetings. Proper documentation can be crucial if the dispute escalates and requires legal intervention.

Review Your Insurance Policy

Check your homeowner’s insurance policy to see if it provides coverage for legal disputes or property damage related to boundary disputes. Insurance coverage might assist with legal fees or other costs associated with resolving the conflict.

Consult a Real Estate Attorney

If the dispute cannot be resolved through a discussion or other informal means, consult with a real estate attorney. An attorney can help you understand your rights, negotiate on your behalf, and represent you if the matter goes to court.

File a Lawsuit, if Necessary

As a last resort, you might have to file a lawsuit to resolve the boundary dispute. This step involves presenting your case in court, where a judge will make a determination based on the evidence and applicable laws. Legal action should be considered carefully due to the potential costs and time involved.

How an Experienced Real Estate Lawyer Can Help You

Reviewing Property Documents: The lawyer can review your property deed, survey plat, and any other relevant documents, identify any discrepancies or issues with the documents, and provide legal insights based on the information.
Conducting a Title Search: The lawyer can perform a thorough title search to uncover any historical issues or claims related to your property. This search can reveal past disputes, easements, or other factors that might impact the current boundary dispute.
Coordinating with Surveyors: The lawyer can enlist the services of a licensed surveyor to obtain a detailed and accurate property survey. They can help interpret the survey results and use this information to strengthen your case.
Negotiating with the Neighbor: Utilizing their expertise in negotiation, the lawyer can facilitate discussions with your neighbor to reach a settlement. They can represent your interests and work towards a compromise that is fair and legally sound.
Drafting Legal Agreements: If a resolution is reached through negotiation, the lawyer can draft legal agreements or amendments to property deeds that formalize the terms of the settlement. This ensures that the agreement is legally binding and enforceable.
Handling Mediation and Arbitration: If mediation or arbitration is necessary, the lawyer can represent you in these proceedings. They can prepare arguments, present evidence, and advocate on your behalf to achieve a favorable outcome.
Providing Legal Advice: The lawyer can offer strategic legal advice throughout the dispute process. They can guide you on your rights, the best course of action, and the potential outcomes of different approaches.
Filing a Lawsuit: If the dispute cannot be resolved through negotiation or alternative methods, the lawyer can initiate legal action. They can file a lawsuit, prepare your case for court, and represent you in legal proceedings to seek a judicial resolution.
Managing Court Procedures: The lawyer can handle all aspects of court procedures, including filing necessary documents, presenting evidence, and arguing your case. They can make sure that all legal requirements are met and that your interests are represented effectively.

Involved in a Boundary Dispute with Your Neighbor? Get Legal Representation from Our Experienced Residential Real Estate Lawyers

Boundary disputes, if left unresolved, can quickly escalate into more serious conflicts, causing significant stress and potentially leading to costly legal battles. Addressing these issues promptly is necessary to prevent further complications and to protect your property rights. At Johannesmeyer & Sawyer, PLLC, we understand the urgency of resolving boundary disputes and are dedicated to helping you navigate these challenges efficiently and effectively.

Call us today at 803-396-3800 or contact us online to schedule a consultation with a member of our legal team.