What Are the Types of Boundary Disputes? A Legal Breakdown

What Are the Types of Boundary Disputes? A Legal Breakdown

All types of boundary disputes between property owners are complex and can easily become contentious. Whether you are a property owner, real estate developer, or otherwise involved in a boundary conflict, you need experienced legal guidance.

A boundary dispute is a disagreement about the exact location of a property’s border, which can lead to further conflicts over land ownership, usage, or possession. Boundary disputes can have a variety of causes, such as inaccurate land surveys, confusing boundary descriptions in a deed, the lack of marked boundary lines, or an unknown arrangement between previous property owners. They can also impact both residential and commercial property.

Types of Boundary Disputes

While boundary disputes can take many different forms, the majority of disputes fall into one of the following four categories:

• Lot Line Disputes
  Property or lot line disputes occur between owners of neighboring properties. These types of disputes frequently arise during real estate transactions. Often, a property owner obtains a survey in connection with a mortgage refinancing or a construction project that reveals that the lot line is not where the parties thought it was. To resolve a lot line dispute, you need to accurately determine the boundaries of each neighbor’s property.

• Fence, Landscaping, and Outbuilding Disputes
  Boundary disputes also frequently occur when one neighbor claims that another’s fence, landscaping, or outbuilding (shed, garage, etc.) encroaches over the boundary line. This is more complicated than a lot line dispute because if the fence, landscaping, or outbuilding is indeed on the wrong side of the property line, the parties must determine how to address the encroachment. The most straightforward option is to move (or remove) the encroaching improvement. If this is impractical, another option is for the property owner on whose land the improvement has been improperly placed to grant an easement to the encroaching party. Easements are property rights that allow non-owners legal access to specific property. Another potential resolution is for the property owner to sell the portion of the land where the offending improvement is located to the owner of the improvement.

• Access Disputes
  An access dispute involves the need for one property owner to enter or cross a neighboring owner’s property. For instance, one property owner may need to enter another’s property to access a road, parking lot, or lakeshore. Resolving access disputes requires examining the property records for all of the properties to determine if an easement exists and what rights it grants. If an easement or license does not exist, the parties should attempt to negotiate one or reach another mutually agreeable resolution.

• Adverse Possession Claims
  Adverse possession is a legal doctrine that allows a person to claim a property right in land owned by another by continuously using it as their own for a specified period of time. While this may seem like an extreme result, the rationale behind the doctrine is that property should be used as opposed to sitting neglected and underdeveloped.

While each state has their own adverse possession law, the essential elements of an adverse passion claim are similar. They include: open and notorious possession that gives reasonable notice to the true owner; possession that is hostile to the true owner, i.e. without permission of the true owner; and continuous and exclusive possession for a prescribed period of time. Some states require possession under the claim of right or color of title. Others also require that the adverse possessor pay all taxes associated with the real property.

If you can satisfy all of the requirements for adverse possession, you can file a lawsuit to quiet title to the property. For property owners, the best way to avoid an adverse possession claim against your property is to know where the legal boundary lines are and regularly check on any unused land to confirm that no one is regularly using it without your permission.

Resolving a Boundary Dispute

If you and a neighboring property owner disagree over the location of property boundary lines, it is important to act quickly, as laws governing adverse possession and other property rights often have strict deadlines.

In any boundary conflict, the first step should always be to verify that you do indeed have a dispute by locating the exact property boundaries. This generally involves hiring a licensed surveyor who will physically locate the boundary of your property based on the legal description contained in your deed. A title search is also advisable as it will identify all recorded documents in the chain of title of your property, including any easements or deeds that could affect your ownership interest in the property.

Armed with this information, you can then seek to negotiate a resolution with the other party. If the dispute cannot be settled, legal action may be required. In most cases, a quiet title action may be filed to resolve title issues, boundary disputes, and claims of adverse possession. In a quiet title action, the court will determine the correct boundary lines and clarify the interests of the parties involved. The court may also award monetary damages requiring one party to compensate the other party for any losses, such as diminution in property value.

If you believe that someone is infringing upon your property rights, or if you are being accused of infringing a neighbor’s property rights, you need expert legal guidance. In many cases, we can help clients resolve boundary disputes without going to court, whether through negotiation, mediation, or arbitration. However, our seasoned real estate litigators are prepared to go the distance in every case. To find out how we can help resolve your boundary dispute, we encourage you to contact a member of Scarinci Hollenbeck’s experienced Real Estate Group.