Property boundary disputes resolution involves the process of resolving disagreements between property owners regarding their land ownership and legal rights. Disputes may occur over a number of different issues, including the location of property lines, whether structures are in encroachment and whether or not there is adverse possession (whereby one person has used a section of land for an extended period of time, potentially changing ownership).
When it comes to property boundary disputes, the most important factor is keeping a civil relationship with your neighbor and being willing to compromise. Many dispute cases can be resolved with a private conversation or a letter from an attorney, rather than being drawn into a lengthy court case.
Often, the initial step is to check documented property lines on deeds and compare them with physical markers on the land, such as fences or planted trees. When this does not produce a clear result, mediation can help resolve the situation by having an impartial third party examine and evaluate the evidence. Also read https://www.loraincountyhomebuyers.com/sell-my-house-fast-ohio/
If a solution cannot be found through private conversations and a demand letter, litigation may be necessary to reach an agreement. In these instances, a real estate attorney can prepare and send a letter to the property owner requesting a settlement, such as dividing the land, changing the boundaries or offering monetary compensation to settle the dispute.
It is important to resolve property boundary disputes as soon as possible. This is because they can significantly affect the resale value of a home and the ability to secure mortgage financing. In addition, lenders and insurance companies require borrowers to get property surveys as part of the buying process so they know where the boundaries are located.
The longer a boundary dispute is left unresolved, the more difficult it will be to sell a
property and the more likely that encroachment can occur. In fact, many encroachments can become the basis of an adverse possession claim.
A common mistake made by homeowners is to ignore boundary disputes and assume they will not be an issue in the future. However, this can lead to serious legal issues, not the least of which is the loss of resale value and mortgage lending options.
A well-established and experienced property law solicitor will be able to advise you on the best way to resolve your property boundary disputes. Depending on the circumstances, this could include mediation, negotiation, arbitration, or even taking the matter to court. Contact us today for more information or to schedule a consultation. We can also provide advice on other types of property law matters, such as landlord and tenant disputes and mortgage enforcement. We have offices throughout the South East and are always ready to assist you with any legal enquiries. You can reach us via phone, email or our online enquiry form. We will respond as quickly as possible. Alternatively, you can visit our offices in
Sittingbourne, Canterbury, or Maidstone. We have a team of experienced property litigation solicitors on hand to answer any questions you may have.
