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Is legal action necessary to settle a boundary dispute?

On Behalf of | Apr 2, 2023 | Real Estate Law |

A positive or neutral relationship with immediate neighbors is frequently beneficial for property owners. For example, they might cooperate to perform certain maintenance tasks, like fence repair, or watch a home while someone is away on vacation.

However, a relationship with a neighbor can sour and may negatively affect someone’s daily life and possibly even their property value. Boundary disputes are a common source of conflict between neighbors. Particularly in scenarios where word of mouth, rather than professional boundary markers, has established the separation between properties, there may eventually be a disagreement about where the boundary actually falls.

Home expansions or new driveways are among the projects that might lead to a major boundary dispute. A disagreement about where the boundary between properties actually falls may delay important projects and lead to legal conflicts between neighbors. Is going to court always inevitable when neighbors disagree about a property’s boundary?

Those who are worried about boundary infringement benefit from seeking professional support

There are several ways to resolve a disagreement about the location of a property’s boundary. One of them involves reviewing the title paperwork for the property, which should include a legal description outlining the exact scope of the parcel. Many people struggle to make sense of the legal descriptions included in their deed paperwork and will need help making sense of the paperwork.

Surveyors have training that allows them to accurately interpret the language used in a legal description and also to measure and mark the edges of a property. Those who need to affirm the boundaries of their parcel before completing a project or in order to prevent a project that would infringe on their property will potentially need to bring in a surveyor to officially mark the edges of the property.

Often, a boundary dispute will require legal support even if someone hopes to keep the matter out of court. Officially communicating through an attorney can help convince the other party of a property owner’s investment in the situation. Legal professionals can also remain neutral while negotiating what can be an emotional topic for the property owners involved.

Establishing the boundaries of a property and communicating about the actual placement of a boundary line with a neighbor can help to prevent real estate disputes from snowballing out of control and potentially affecting the size and value of someone’s property.