Here are the most common issues that land and property owners run into: boundary disputes. This happens when more than one owner claims ownership of the same piece of land.
And whether you’re the one disputing or the one accused of encroaching, there are a few things you can do to try to handle the situation.
Of course, one important step is to take up legal counsel to ensure that you are properly represented during the disagreement. However, there are some other steps you can follow to make sure you and your attorney are working with accurate information in the most amicable situation possible.
- Take time to understand the situation. This means making sure you have accurate, up-to-date survey, deed, title search, and appraisal information on hand and can draw logical conclusions from them.
- Try the neighborly way first. Sometimes things work out better when they are kept out of court. Try discussing the issue directly with your neighbor and see if there is a middle ground you can arrive at.
- Propose a solution. Whether you go to your neighbor or through a lawyer, you can suggest terms that would be most agreeable to you including dividing property or moving offending structures.
- Prepare your paperwork. If litigation is unavoidable, do your best to file and complete all of the extra paperwork necessary for the court proceedings.
- Proceed to court. In a worst-case scenario where your case goes to court, a judge may still require both parties to try for a settlement in mediation. Regardless, you’ll follow your attorney’s advice on how to proceed to a resolution.
While you might be able to navigate a misunderstanding or agreement with your neighbor, more often than not, these disputes will escalate as both sides dig in on their perspective on the matter. With this in mind, it is important to call on a property lawyer who understands the nuances of navigating these matters in court and who will have your best interests in mind.
If you find yourself in a boundary dispute with a neighbor and aren’t sure how to proceed, please feel free to contact me or my office. We’re always available to provide advice and help represent you no matter which side of the dispute you are on.
