When your property sits along the line of another person’s property questions may come up as to how far each of your line of ownership extends. Boundary disputes can also come up if you are just building your home and are looking to determine the correct location to place your fence. While the ground may have no visible marking for where your property ends and another’s begins, legally there is line that is important to have clarified. Failing to do so can result in legal complications either now or down the road. Some businesses or home owners may try to pass those lines, taking over the property of their neighbors to profit themselves. Other times you may rightfully own the land that you have placed your fence on, but your neighbor has taken it upon themselves to argue against it.
There are a number of factors that can be reviewed to determine who has the rightful ownership to the land. A survey can be taken to assist with defining the correct line a fence can be built on. Both neighbors may even come to an agreement by signing a quitclaim deed. Through this, they will agree on a fence (possible even a hedge) or another object that serves as the border line between their two areas. The land that is on either side of the defining object will be considered their property. This allows them to both have a say in the matter, as well as making the boundary lines clearly noted. Zoning restrictions can also be considered, such as a neighbor that is using the land in a manner that goes against the standards that are allowed.
In development housing, the original plan can be investigated to see if there are any guidelines or information to help make a correct determination. In a large amount cases, one neighbor may have been using some of the property of their neighbor and would like to continue this use rather than defining which property actually belongs to each individual. When situations arise in which a fence has encroached on your property, if it is not dealt with immediately, after a number of years the ownership may legally change to belong to your neighbor. When you cannot come to an agreement yourselves, you may need to look to the legal system to make a verdict on a boundary dispute and draw a clear line. If the property is rightfully yours you will want to take action to prevent it from being removed from your possession.
Real Estate Attorney