Property Line Dispute? What You Need to Know

Boundary disputes are reasonably usual challenges for landowners. A boundary dispute can arise on numerous occasions. Sometimes, deed descriptions are misguided and might have been that way for a long time. On occasion, though you may all agree that the legal system is correct, one of you could have been occupying a part of the land long enough to assert its possession, on a principle of unfavorable ownership. The source of dispute can also arise when more than one, unrecorded deeds indicate the same asset to different individuals.

Are you the one encroaching, or is it the other party encroaching on the land? The actual cause of dispute might vary depending on the context of the situation. The quantity of land in question and the available alternatives for resolution play a vital role. The following is a factual guideline on how to handle a property line dispute.

Gather information on the land in question

First, ensure you have facts about the case and the nature of the dispute. You may want to get a professional evaluation of whether you are the one intruding to the boundary, or vice versa, and discover how long the encroachment has existed. Find out the amount of land in dispute, and whether there was genuine consent for infringement and other information.

To acquire the information needed about your property, you will possibly need to have a survey, an appraisal, and a title search report. If you had any of those accomplished when buying the asset, and still have everything, you could use such at this level and save yourself from incurring the cost again. However, it is prudent to get further information, in case you intend to pursue legal options.

In the course of a survey, an authorized surveyor will physically find the boundary of your land, primarily based on your deed’s legitimate description. That will go a long way to show the exact boundary location and the amount of property under encroachment. You will then have facts on who is intruding and find the way forward. An appraisal will let you know the value of the piece of assets in dispute.

A legal search will locate all records relating to your land title and clarify if any issues could affect your possession interest in that land. For instance, the preceding owner of the property might have approved an easement, which you did not discover when acquiring it, or might also have registered a legal agreement with the neighbor. There are higher chances of such situations when you buy property without conducting diligent investigations.

Seeking an attorney’s services is a brilliant idea in such a case. He will help you determine whether you have a chance to acquire your land back. He shall also advise you concerning all information you require if you need to pursue legal justice.

Take the matter to court

If everything else seems to fail, it is a better option for you to file a case in court. You must then present all the documents as well as evidence. The court will proceed to investigate the paperwork from both sides and make a judgment on who is the rightful owner of the land in question.

At that juncture, your lawyer must have access to all the information required for the case. However, since a court case requires extensive preparations, you must be prepared with finances, as some cost must come into the equation. All the paperwork must be present and indicating all the details.

Conclusion

In conclusion, land disputes revolving around boundaries have been a consistent source of trouble for many individuals. Getting a reputable attorney in pursuing such disputes gives you an upper hand. Your lawyer should help reduce the cost when the case shows signs of a settlement deal in the initial stages. It is better to push for a settlement to avoid waiting for decades.

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