Neighbors often have to adopt a “live and let live” philosophy. They cannot control what other people do with their lawns or what color siding they install. So long as the behavior of a neighbor does not affect another property owner’s quiet enjoyment of their own home, the conduct of one neighbor has little bearing on the life and well-being of another.
However, boundary disputes are one of the exceptions to that standard. If neighbors disagree about where the boundary line is between their properties, that can lead to various types of conflict. Both neighbors might refuse to perform maintenance on a fence or a tree. Other times, one neighbor may overstep the boundary by planning to pave land as part of a new driveway or by erecting a fence that is over the boundary line. Such disputes can lead to one property owner potentially losing access to some of their parcel.
How can neighbors resolve boundary disputes?
With real estate records
Every real estate transaction involves a deed, and every deed includes a legal description. In some cases, the legal description for a parcel can help property owners determine where the boundary actually falls. Occasionally, the language in legal descriptions is confusing or one of the deeds contains inaccurate information. In such scenarios, reviewing real estate paperwork may not be sufficient.
With a surveyor’s report
A surveyor is a real estate professional who undergoes training to measure properties and interpret legal descriptions. They have specialized equipment to help them do their job and professional insurance that helps protect those who hire them. A surveyor can place physical boundary markers as a reminder of where the boundary falls. The report that they provide can also clarify issues with the legal description.
With legal action
Unfortunately, even with a surveyor affirming boundary placement, one property owner may still try to access or improve land that doesn’t belong to them. It may sometimes be necessary to go to court to resolve boundary issues. Judges have the authority to correct erroneous title records. They can also issue injunctions preventing one neighbor from additional incursions or mandating that they move a fence or other improvements.
Those trying to resolve a boundary dispute with a neighbor may need help pushing for an appropriate resolution. Reviewing the history of the boundary dispute with a skilled legal team can be a good starting point for those embroiled in a disagreement with a neighbor.