Boundary Laws and Disputes

Because people rely on legal boundaries to preserve their privacy and monetary investment, they feel extremely threatened when those boundaries are questioned. Unfortunately, the laws governing land boundaries can seem complex, antiquated, and bewildering. For more information on state specific real estate and boundary laws, please consult with a Real Estate lawyer.

Right-of-Way and Easement Disputes

Disputes about the location of rights-of-way and easements are common disputes that occur between neighboring land owners. A survey can help resolve these disputes. Other times, the parties may have to resolve the dispute by one party deeding the right to the other. If the parties cannot come to a mutually agreeable solution, then often the matter must be litigated in the court.

Conflicts Between Surveys

Sometimes conflicts appear between surveys. It is possible that a past surveyor has made an error or sometimes it is a matter of interpretation. If there is an error, it is recommended that the surveyor redo the survey and find out why there was an error. The surveyor checks the deeds and other title documents such as easements and property use restriction documents when preparing a survey. It could just be that there was an error in a measurement. Whatever the conflict, the surveyor should be able to resolve the matter in a way that is mutually agreeable to the parties. Otherwise, the parties may have to go to court to file a quiet action suit regarding boundary issues or contact their attorneys. It is best to try and resolve the matter in a friendly manner first.

Squatters Rights

A squatter's intent must be determined before the squatter is entitled to possession of the property they are using. If the owner has abandoned the property and the squatter is treating the property as their own, then they may have a legal claim to the land. However, if they are trespassing on the land by using it in a temporary manner, then the squatter may not have any rights or claims to the land. This is complicated and should be discussed with a real estate professional.

Clarification of Conflicting Deed Descriptions

You should contact your title company if there is a conflicting deed description. When a deed contains two inconsistent descriptions regarding a parcel of land, generally the more specific description is the one that governs, unless there is evidence to the contrary. To clarify the conflict, the surveyor or title examiner may also need to check the neighboring monuments, distances and bearings. The intent of the parties is one of the most important considerations to take into account to resolve the conflict as well.

Encroachments

Encroachments can cause all sorts of disputes between property owners. An improvement, or building, fence or easement are all considered encroachments. The parties may need to resolve the issue by one party giving the other party a deed, or by removing the encroachment and placing on the property owner's land instead of the neighboring property owner's land.

Adverse Possession

The situation occurs when the property owner abandons the property. If the squatter is treating the abandoned property and taking care of it as if they owned it, then the squatter may have the legal right to possession of the land depending on whether they have openly and notoriously used the land for the amount of statutory years required under the law. For example, if the squatter is harvesting or farming the land, then this action shows they are possessing the land and using the land. This a complicated statutory issue and it should be discussed with your real estate attorney.
A Real Estate attorney can assist you with any boundary disputes and help you to understand state-specific statutes in this regard.