Sometimes, neighbors disagree on their boundary lines. Or one disagrees on how they can cross, or place something on, the other’s property. One might be claiming to have past permission to cross or use the contested space. Perhaps a prior owner didn’t tell a buyer about an agreement made earlier about a section of the land. Or perhaps at least one owner just doesn’t know where the boundary line is.
Whether the arguments need to escalate to legal action depends on whether the two can compromise, or just how important access to the land — or forbidding that access — really is. Is it best to focus on property as excluding all others, according to the letter of the law?
The results of legal rigidity aren’t always pretty!
It can be far better to understand neighbors as collaborators, with minor imperfections and fuzzy lines coming with the territory. After all, Earth’s natural features move and grow, as we do. In some situations, though, legal action becomes the best way for title holders to protect what they own. Here’s a journey of five steps to that legal resolution.
How Do Boundaries Become Disputed?
Sometimes, the boundary of a property is hard to make out. Legal property descriptions on deeds can be incorrect. Or maybe one owner is encroaching on the other’s property — with fences or landscaping decisions, or by putting structures, overhangs, or paving along a property line. Or maybe one is trespassing — by letting animals roam over the boundary line, by hiking or fishing, picking fruits, or walking on the other owner’s land.
Fencing or signage can alert a would-be encroacher or trespasser to the property line. But what if you’ve tried them, and the other party simply does not agree? Or what if it’s more complicated?
For example, maybe you’re thinking of building a new structure, so you get a survey — which shows that the current fence is not the true boundary. Now it seems one owner has been in adverse possession of a strip of property for years. Suddenly, you’re facing a legal question that you’ll need to resolve.
How Can a Boundary Question Be Prevented or Solved?
Here are five steps to take to resolve a boundary dispute between homeowners. We’re not saying they’re easy steps. We hope you do not need them all.
1. Look to the Public Records.
Become well informed about your property lines. Start by examining your title information and land survey. The legal description on your property deed describes the boundaries. These should match up with the boundaries on the adjacent property’s deed.
Your title company can check your property’s chain of title, and speak with you about any easements, claims, or deeds that may affect your ownership. Reviewing the details of your property could lead to a resolution of the matter.
This very situation has led some experienced homeowners to purchase an owner’s title insurance policy with extended coverage at closing. Extended coverage often deals with unusual situations such as encroachments discovered after the purchase. The policy holder should check the policy’s language on legal costs or loss related to boundary conflicts, overhangs, and similar issues.
2. If Necessary, Order a New Survey.
A land survey can avert or settle a dispute. The licensed surveyor you hire will start with the legal description on your deed, and expertly map out your property. A new survey can result in legally meaningful answers to your questions about a contested boundary line. For example, it can show you just how much land is at issue, and precisely where it is.
Take time to do this before installing new fencing or landscaping the edge of your property, too. Preventing disputes is easier than resolving them.
But if your neighbor is calling your legal rights into question, or if you have a serious concern that your neighbor is claiming an easement or a right you’re not comfortable conceding, you’ll need to consult with a real estate attorney for legal advice.
3. Agree to Undergo Mediation.
Court cases can drag on. They tend to drag the parties’ money with them. Mediation is another way of seeking a legal solution. Mediation is confidential, not public. It’s generally held in conference rooms and often run by retired judges or attorneys. It can lead to compromises and out-of-the-box options — not just monetary damages.
Check your state law to learn if and when dispute resolution is required before submitting a court filing in any case. And to find mediation options, check with your state’s real estate trade group or mediation association, your attorney, your county court, or the National Association for Community Mediation. Some offer affordable panels. If your neighbor balks at this idea, at least you have requested mediation and can go to the next steps.
Mediation will begin with a review of pertinent paperwork — particularly an appraisal, a recent title search, the legal descriptions of the properties at issue including easements, restrictions and covenants, and a new survey. You’ll hash out whether trespass or encroachment is going on and where, and whether past permissions or agreements apply.
Agreements, when they can be obtained, can take a half-day to forge, or might be forged after the meeting. If the conflict is not answered in mediation, a court case to quiet title might be necessary. In either case, you do need a lawyer for this. The mediator cannot give either party legal advice — which both parties should have before they agree to a settlement or opt to go to court.
4. Press for a Settlement.
What if the neighbors remain at an impasse? If working the issue out is impossible, you can consult with a lawyer about pressing for settlement.
An attorney can briefly explain the circumstances and may set forth the action expected of your neighbor. Perhaps a settlement could modify the property lines in a way that would satisfy both sides. Or purchasing land in question may be the simplest way to move forward.
Sometimes, resolving a boundary issue means reimbursing the other owner for taxes paid on the land in question. Claiming a prescriptive easement could also be the way ahead.
☛ Easements come in several types. Ready to dig deeper? Find out about the three most common types, including the prescriptive easement.
5. Proceed to Trial.
Mistakes or ambiguities can creep into easements, restrictions, and prior owners’ agreements.
Serious title defects may require a judge to clear up. A court will sort through the arguments and the factual evidence and your state’s law to come up with a resolution. Restoring your proper place in the chain of title will make it easier to sell or finance your property later.
☛ After consultation with your attorney, you might file a legal action to quiet title. At the end of this months-long process, you’ll record the court’s order with your county, and avert future challenges to your title. Find out how to file a quiet title action here.
It bears repeating: Lawsuits are long, stressful, and expensive. They can make neighbors’ long-term relationships extremely negative. They are best avoided, if any other paths can lead to an agreement.
If you can avert a lawsuit through a compromise, be careful not to create ambiguities in your title. Speak with a lawyer about making sure your title actually reflects your agreement. Some states require you to create and record a new instrument, such as a quitclaim deed, to reflect material changes to property ownership.