Differing assumptions about the exact location of property boundaries can lead to legal disputes between neighbors, particularly in more populated suburban and urban communities. For example, a property owner might place a garden or fence on what their neighbor believes is their property. Here’s what you need to know about these disputes: why they happen, and what you can do if you find yourself in one.
Understanding Property Boundaries
Each parcel of property has boundary lines that divide each parcel from one another. Owners create property boundaries when they deed a parcel to a buyer. A property deed will describe the parcel’s property boundaries through precise measurements (describing the direction of the property line and its length in feet or meters) or by referencing visual landmarks that demarcate the property lines.
Steps to Take When a Dispute Arises
When you have a dispute with a neighbor over the boundary between your properties, steps you can take to protect your interests and seek a favorable resolution include:
- Keep open, honest, respectful lines of communication with your neighbor: Many property owners can settle boundary disputes with neighbors through an honest dialogue that prevents the dispute from escalating. For example, a property boundary dispute may arise due to a neighbor’s honest mistake; open communication can help neighbors rectify those errors without needing a legal dispute.
- Review your property documents: Gather copies of your property deed, the local plat map, and any surveys you have for your property. These documents can help you determine where your property’s boundaries lie.
- Obtain a professional survey: A professional land surveyor can determine the correct location of your property’s boundaries based on its chain of title and a visual inspection.
Legal Avenues for Resolving Disputes
Neighbors who have property boundary disputes may pursue various methods for resolving their conflicts, including:
- Informal negotiations: Neighbors or their legal counsel can negotiate resolutions of property disputes without going through the time and expense of a more formal legal dispute.
- Mediation: Property owners may pursue settlement of boundary disputes through mediation, in which a mediator experienced in real estate matters can help facilitate settlement negotiations.
- Easements: Neighbors can settle a boundary dispute by negotiating an easement, allowing one owner to use a part of their neighbor’s property. The property owner gaining use of the easement can compensate their neighbor for granting that right.
- Litigation: Property owners may resort to litigation to resolve a property boundary dispute. Litigation may involve quiet title and ejectment actions, in which the court establishes the correct title to a property and orders a trespassing party off the property. Property owners may also assert adverse possession claims to defeat quiet title actions, arguing that they have reestablished the property boundary due to their adverse possession.
Tips for Preventing Property Boundary Disputes
Proactive measures can reduce the chances of getting into disputes with neighbors over property boundaries. Tips that can help property owners prevent future boundary disputes include:
- Use visual markers like stones or stakes to designate property lines.
- Before erecting fences, sheds, or other structures on or near property lines, check property deeds and plat maps and consult professional surveyors. Homeowners can also notify their neighbors of proposed structures to identify and resolve any potential boundary disputes before starting construction.
- Take the time to meet new neighbors to ensure both parties have a mutual understanding of the boundaries between their properties.
Contact a Real Estate Lawyer Today
If you find yourself in a legal dispute with a neighbor over the boundary between your properties, you need experienced legal guidance to protect your rights and options. Contact Boyes Legal, APC, today for an initial consultation with a knowledgeable real estate lawyer to learn more about pursuing a favorable resolution to a property boundary dispute in San Jose.