Land disputes over property boundaries with neighbors are commonplace. When moving to a new property or building new construction, you may have disagreements with neighbors about the exact property lines. Going into these conflicts with an understanding of how to best resolve land disputes will help the process go smoothly.
Sometimes, property disputes arise when neither party takes responsibility for maintaining the property. It is the property owner’s responsibility to maintain a fence or do yard work on their side of the property line, and their failure to do so can sometimes impact their neighbors.
Other times, property disputes occur when people infringe directly on property that is not theirs. Encroachment occurs when someone builds a new property, such as a shed, that hangs over onto a neighbor’s property. Trespassing occurs when someone occupies another person’s property without their permission.
Ultimately, the power to resolve a dispute ends with the county court system. However, it is not advisable that you begin conflict resolution there. Not only will taking the outlined steps to help ensure you have the property descriptions that will be necessary for a legal process, but it also has the capacity to save you lots of time, money, and energy.
It is best to enter a dispute with knowledge of the nature of the cause and nature of the dispute. You may have an idea of your property lines, but until you conduct a land survey, you cannot be sure how far your legal ownership extends. During a land survey process, the land surveyor marks the boundaries of your property with property markers. This allows you to determine if the neighbor’s property is indeed encroaching.
You can either conduct a land survey yourself or hire a professional land surveyor to do it for you. Professional land surveyors offer more assurance that the boundary lines are accurate, although it could be more expensive.
In order to conduct a land survey, you will need a copy of the deed naming you as the landowner. The deed will include a description of the property boundary. If you do not have a copy of the deed, then you can conduct a title search to find one. A title search is an examination of public records to confirm a property’s legal ownership and generally costs between $75 and $200.
If you received a quitclaim deed and did not conduct a title search when putting down a mortgage, then it is best practice to do a title search. You may discover you have legal ownership over a portion of land from prior owners that you did not know.
If you suspect that there is indeed encroachment, then this might be the best time to consult an attorney to determine whether you have valid claims, and the necessary documentation to support your case.
Before taking legal action, the best move is to approach your neighbors. Many land disputes can be resolved through open discussion. This is the best outcome, because people in good relationship with their neighbors will not have to engage the legal system every time there is a disagreement.
This initial conversation can be held in person, over the phone, or even over email. It is best to approach your neighbors without mentioning an attorney in effort to make the message best received. Some people may not realize they are encroaching, and be amenable to finding agreement without getting the courts involved.
If you and your neighbor are unable to come to an agreement, it may be necessary to send a demand letter. The first step would be to hire an attorney, if you have not already. If the evidence suggests that the law is on your side, then you and your attorney can send a demand letter to your neighbor. This letter would make a formal request for action, a monetary settlement, or another form of compromise.
In most cases, the neighbor will send this letter to their own attorney. It is best practice to share any documents, such as your deeds and the land survey, with your neighbor to show transparency. However, don’t be surprised if they choose to conduct their own independent land survey.
If you are still unable to resolve the conflict, then it is time to complain to a circuit court. At this point, you and your attorney should have all the information you need to present your case to the court so they can assess the evidence. That said, costs might incur depending on how many forms are requested. If possible, it is best to settle before a trial.
Some courts may request that you attempt mediation to reach a settlement. In this case, a formal mediator who is experienced in real estate matters would guide the discussion, and help explain the possible outcomes if a trial were to occur.
If mediation does not work, then expect to go to trial. It is prudent to consider whether it is worth continuing at this point. In the best-case scenario, you would win the case, and be granted legal ownership over the property while incurring the costs of going to trial. In the worst case, you would lose the legal battle, but still, be responsible for those costs.
There are many good reasons that you and your neighbors might have conflict over property lines. Many real estate properties were established a long time ago, or have deeds that do not clearly explain the land boundaries.
When these conflicts arise, it is best to be strategic with how you find common ground with the neighbor in question. Sometimes it is best to rely on attorneys, but often the best solution is to settle before legal action has taken place.
