The property description in a deed shows where the boundaries between properties lie. Boundary disputes, which are disagreements regarding who owns a piece of property, still occur on a regular basis despite modern surveying techniques. These disputes are especially common when title and boundary lines were established many years ago. Boundary disputes include fences built "over the line," improvements that are not compatible with the neighbor's use or enjoyment of his or her property, roads or driveways that cross over a neighbor's property, or nuisances on property. An experienced real estate attorney can help find a solution for a boundary dispute.

Boundaries

If a survey was prepared at the time of purchase, it will show the actual boundary lines. Otherwise, the property description in the deed, which is usually recorded with the county, includes a description of the boundary lines of the property. However, if the property description was originally recorded many years ago, it may not be entirely accurate. If the property is located in a subdivision, the initial developer created a plat map, which divided the large parcel into many small parcels. In that case, the subdivision's plat map provides a description of the boundaries.

Encroachments

Several encroachments may be provided by deed. An easement, which is the right of another person to use land for a specific purpose, is usually granted by a deed. Expressly granted easements affecting land should be recorded with the county. If a neighbor has been using a portion of land for a certain period of time, he or she may have a prescriptive easement even if no easement was expressly granted. Prescriptive easements are not usually recorded with the local authority. An experienced real estate attorney can determine whether the encroachment is legal.

What to Do?

If a landowner is aware of a potential boundary dispute, he or she should contact an attorney to look at all aspects of the problem and advise on whether there are any legal remedies. The owner's attorney will examine any title report or title insurance policy for the property, get a copy of any covenants and restrictions, search for prior relevant surveys, and look at the public records to determine whether a neighbor is encroaching. If no survey was done at the time of purchase, the owner may also want to obtain a survey to determine whether the neighbor is actually encroaching on his or her property. If your neighbor's survey and your survey do not agree on the location of your common boundary line, the least expensive and most amicable solution is to agree on a boundary line, with both sides compromising in order to achieve a workable solution. In that case, the parties try to agree on a physical object that would serve as the boundary line, and the owner and his or her neighbor then sign a quitclaim deed to grant the other neighbor ownership to any land on the other side of the agreed-upon line. Other means of dispute resolution can include using a mediator or an arbitrator to help determine a boundary line without going to court. The property owner can also bring a quiet title action in court.

Conclusion

Title and boundaries are essential issues that may affect your rights as a property owner. A real estate attorney can help you determine the extent of your rights to your property or help you defend any attack on your boundary rights and the title to your property. However, full-blown boundary disputes can be very expensive. An experienced real estate attorney can help you analyze all options to determine the most appropriate approach for your situation.

Copyright ©1994-2007 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Return to Main