Property lines are often poorly understood unless carefully fenced off and posted. It is common for owners to realize that land is or is not theirs despite a long running understanding. Disputes like these often come at the time property is sold.
Encountering a boundary dispute with a neighbor is a common issue for landowners. There are many ways a boundary dispute can arise. It is possible that deed descriptions are inaccurate and have been this way for a long time. Sometimes, though the neighbors all agree that the legal description is correct, one neighbor has been occupying a portion of the land for long enough to claim ownership of it, under a theory of adverse possession.
Boundary disputes between neighbors are a common reason for real estate litigation. The most typical boundary lawsuit arises from the discovery that a fence or wall built many years earlier is not located on the legal boundary between the properties. One homeowner will point to the survey as the true boundary, while the other will point to the fence or wall as the true boundary.
It is important to both know and enforce your property’s exact boundaries. If your neighbor is encroaching upon your property and continues to do so, they may actually gain the right to your property through the laws of adverse possession. Likewise, if you have been using a section of land for a long time, you may have a rightful claim to that land under the same laws.
If you have additional questions about fence line disputes, contact the real estate attorneys at the Paul Law Firm. Consultations are always free!