Disputes between property lines can jeopardize stable relationships with neighbors as well as wreak havoc on your home life.
In order to avoid running into such situations, it is best to have a comprehensive understanding of what is defined as the boundaries of your property. During the initial steps of purchasing real estate, it is standard procedure to receive legal documentation stating the description of the real estate on the deed. In addition to this documentation, you should also seek a title insurance policy or title opinion to clearly mark the boundaries of your property and any limitations that may be included with the purchase.
Encroachments involved in the purchase of real estate may include things such as driveways or fences that have been installed slightly over the indicated boundary line.
When purchased real estate is part of a property subdivision, it is also in your best interest to look at the plat map of the complex to note the boundaries of your lot in comparison to neighboring lots. For addition information on the property, contact your county recorder. Additionally, if you do not have the legal description of the property you purchased or own, the county recorder should be able to help.
Disputes
Disputes over boundary lines are most commonly found when construction is started prior to obtaining required the required permits for the project. Projects that include driveways, fences or a deck often have a large number of limitations associated with their placement, as such legal permits and government clearance are that much more important.
To avoid the stress of having to deal with legal action, it is important to review your title insurance for restrictions, as well as obtain any approval from the homeowners’ association. Additionally, it is helpful to notify your neighbors of your potential project so they may adequately determine if they have any disputes with the project.
Resolving the Problem
Simple boundary disputes can usually be resolved on their own. Things such as trees and branches can be removed without any legal action. This, however, is not always the case.
If the problem that is creating the boundary dispute is not located on your property, the best plan of action is to contact your municipal code enforcement office. Through this, you will be able to properly determine if the fence, tree or construction complies with local laws.
Additionally, construction may also interfere with utility easement. In cases involving this situation, contact the local electric, water and gas companies. In situations where disputes persist for an extended period of time, it is imperative to contact an attorney as soon before too much additional money is spent.