How do I Resolve a Boundary Dispute with a Neighbor?

Neighbor disputes regarding property boundaries can be contentious and lead to neighborhood discord.  However, there are avenues to resolve these matters amicably and avoid escalation. The following steps can facilitate a peaceful resolution.

First Things First: Understanding Boundary Disputes

A boundary dispute arises when neighbors disagree about the exact location of their shared property line. This disagreement can stem from various factors, including:

• Unclear or conflicting property descriptions in deeds

• Outdated or inaccurate surveys

• Discrepancies in fence placement

• Encroachment of structures or landscaping

  
  

These disputes can significantly impact property values and neighborly relations, making it crucial to address them effectively.

Steps to Take to Resolve the Dispute

1.Check Your Documents: First, gather your property deed, any survey maps, and other important documents you have. Carefully review these documents to find the legal description of your property boundaries.

Comparing your documents with your neighbor's is also a good idea. Look for discrepancies or ambiguities in the property descriptions. Sometimes, just looking at the paperwork together can clear things up.

2.Communicate with Your Neighbor: Open and respectful communication is essential. Initiate a calm and respectful dialogue with your neighbor regarding the boundary concerns.

Share relevant property documentation and actively listen to their perspective. Direct and transparent communication often clarifies and resolves misunderstandings, fostering a harmonious resolution.

3.Get a Professional Survey: If talking doesn't solve the problem, it's time to call in the experts. Hire a licensed land surveyor to conduct a new survey of your property.

Make sure the surveyor you choose is reputable and experienced. Their survey report will provide an accurate and legally binding determination of your property boundaries. This step is critical for establishing an objective and reliable understanding of the property lines.

4.Consult a Real Estate Attorney: If the dispute still stands, it's time to seek legal advice. Consult with a real estate lawyer who can explain your legal rights and options. A real estate lawyer can help you understand your legal rights. They can review your documents and represent you in negotiations or court.

5.Try Mediation: Once you have consulted with an attorney, it may be time to seek mediation. A neutral mediator can help facilitate communication and guide you towards a compromise. Mediation is often a less expensive and less time-consuming option than going to court. Plus, it can help preserve your relationship with your neighbor.

6.Legal Action: Going to court should be your last resort. It may be costly and take a lot of time, with no assurance of achieving your desired result. However, if you've exhausted all other options, litigation may be the only way to resolve the dispute.

Important Things to Keep in Mind

• Documentation: Keep detailed records of all communication and actions you take throughout the process. This includes saving copies of emails, letters, and any legal documents. This documentation will be crucial if the dispute escalates to mediation or litigation.

  
  

• Local Laws: Research local zoning ordinances and property laws. These regulations can vary significantly and may impact the resolution of your boundary dispute. Homeowner associations (HOAs) may also have specific rules and guidelines regarding property boundaries.

  
  

• Cost: Be mindful of the costs involved in resolving a boundary dispute, including surveys, mediation, and legal fees. Weighing these costs against the potential benefits of resolving the issue is important.  Discuss these costs with your real estate lawyer to understand the financial implications of your actions.

Why You Need a Real Estate Lawyer

A real estate lawyer can provide invaluable assistance in resolving a boundary dispute. They can:

• Review and interpret legal documents

• Advise you on your legal rights and options

• Negotiate with your neighbor or their attorney

• Represent you in mediation or court proceedings

• Ensure that any agreements or settlements are legally sound

Keep in mind, Peaceful Resolution is Ideal

While boundary disputes can be frustrating, remember that finding a peaceful resolution is always the best option. To solve the problem with your neighbor, follow these steps. Seek assistance from an expert if needed. This way, you can maintain a good relationship.

If you are seeking legal guidance for your boundary dispute, we would be happy to assist you. 

Click here to schedule a first meeting with one of our skilled real estate lawyers at Bailey and Peterson, P.C.