Property Line Disputes

Property line disputes can occur when either you or a neighbor are not sure where your property lines begin and end. Disputes typically arise over fences, trees or building additions. At the time you purchase a home, you should hire a surveyor to prepare a survey for the property. This way you will know if there are any potential property line disputes that might arise with a neighbor should you decide you want to put a fence up at a later date or add to a building structure. If you are getting a mortgage, your lender will require a survey. A survey can help resolve property line disputes. Homeowners who have owned their property for awhile will want to order an updated survey before making any improvements to make sure that they will not encroach on the neighbor's property. A survey will include the following information: address of the subject property, property boundary lines, the legal description, easements, encroachments, current zoning information and whether the property is located in any natural hazard zones such as earthquake, flood or fire. Another way to resolve a property line dispute is for you and your neighbor to decide by choosing a physical object such as tree or a fence to serve as the boundary line between the two properties and signing a quit claim deed granting to each other the land on either side of the new property line. For unresolved issues, it may be necessary to file a quiet title action and ask the judge to determine the property lines for you. Another way of resolving property line disputes is a procedure called prescriptive easement. This is where the court allows the party that has been using the land for a specified time to permanently use the land.

Fast Facts

  • Property line disputes typically occur over fences, trees or building additions.
  • A survey can help resolve property line disputes.
  • Property line disputes may be resolved by mutual agreement of the parties and the signing of a quit claim deed, or by filing a quiet title action or by a procedure called prescriptive easement.

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