The Jensen Litigation Firm, PLLC represents businesses and individuals in boundary disputes. Businesses hire us to understand their property rights and to protect those rights. If you are unsure about a boundary line or if a neighbor is disregarding your line, we can help. Contact us now before anyone claims adverse possession over your property.
What are boundary line issues?
Most landowners have a sense about where their land starts and ends. When you have good neighbors, you probably have little concern about boundary lines. You simply mow to a fence, marker, or location where your neighbor stops mowing. However, some people have aggressive neighbors that test the boundary lines and invade your property. It is important to know where the proper boundary is and to protect your property rights.
Boundary line disputes often happen when one or both neighbors are unclear about the actual property line. One neighbor may believe the line to be a marker, tree, pond, or fence. The other neighbor may have a different point of reference. The dispute may boil over when one neighbor builds a fence, moves a fence, builds a structure, mows the grass in your yard.
What steps can you take to address a boundary line problem?
There are any number of things you could to do address the issue, including speaking with your neighbors to reach an agreement.
If there is no hope of an agreement, find your deed and any title insurance policy. Check the legal description in the deed and check for title insurance that may cover you (your lender may also have a policy covering the mortgage). Legal descriptions are difficult to read for most people, and not all people have title insurance.
Your next step may be to hire a surveyor to mark the property lines described in the deed, and call an attorney. Your attorney may also ask about potential claims to land by adverse possession or a prescriptive easement, which generally require 15 years of specified use.
What if there are competing surveys that conflict?
Your neighbor may also get a survey and an attorney. If the surveys match, then it may be as simple as marking the line.
If the surveys conflict or there is ambiguity, there is a problem to resolve by negotiation or litigation. If there is no agreement, then a lawsuit is likely needed to determine the proper boundary line, rule on any adverse possession claims, rule on any ejectment claims, and quiet title to the land.
We have the knowledge and experience to handle boundary disputes. Do not hesitate to contact us if:
- You and your neighbor have a dispute over the property line.
- A neighbor's use of the property is affecting you.
- You want to sell your property but there is a boundary line problem.