Boundary disputes in real estate can arise due to many reasons. Sometimes they arise because over many years, property owners might put up fences, change the landscaping of a property, or add roads to a property. Sometimes boundary disputes arise when a property owner checks their title or records and discovers that their neighbor has a fence on their property line, or has a road that crosses the property boundary. If you’re trying to sell your property and learn that a neighbor’s fence crosses your property line, this could create issues in the sale. Other times, these disputes might arise because a neighbor (or you yourself) want to build a fence, build a road, or start a new landscaping project and disagree with your neighbor about where your property ends or begins. This can happen when surveys or permits reveal that a neighbor has encroached on a boundary. Regardless of why the property boundary dispute arose, if there is a dispute, it is important to resolve it. Not only can a dispute affect the future sale of your property, an open dispute could impact the value of your property, especially if a neighbor wrongfully claims valuable parcels of your land.
Property disputes are not uncommon, but in many cases, the best way to resolve them is through mediation or through negotiation outside of court. Taking your neighbor to court to resolve a boundary dispute is generally seen as a last resort option—because of the cost of litigation and because of the acrimony it can foster between neighbors. Facing a boundary dispute? Because deed descriptions, county records, and boundaries can be difficult to determine, it might be best to involve experts. Hiring a surveyor and a real estate lawyer to interpret deeds and legal documents can often help you get a clearer understanding of the issue, where the disagreement arises, and reveal possible out-of-court resolution options. Legal Counsel, P.A. is a real estate law firm in Orlando, Florida that may be able to help you if you are facing a boundary dispute with a neighbor. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.
The Importance of Hiring a Surveyor
If a property boundary dispute arises, you may need to hire a surveyor to determine land boundaries. However, it may not always be a good idea to wait until a dispute arises to hire a surveyor. It may also be a good idea to hire a surveyor before developing any land, before purchasing land or property, and before adding a fence or road to your property. At times, a survey of the property can be found by doing a title search or by searching local records, but sometimes these surveys may be old. If you are facing a boundary dispute, one of the steps you may need to take is to hire a surveyor to perform a new survey. Legal Counsel, P.A. is a real estate law firm in Orlando, Florida that may be able to work with a surveyor to help you resolve property boundary disputes.
Survey Needed for Title Insurance
A title search performs a search of county records and other documents to ensure that there are no issues with a title. One of the issues that can arise in a title search is when a neighbor has built a fence or another improvement that encroaches on your land or on the land in question. This can impact your property values, and your rights to this land in the future, so these issues may need to be resolved before title insurance can be issued and before the property can be purchased. The real estate attorney at Legal Counsel, P.A. in Orlando, Florida may be able to assist you with the next steps if you encounter a boundary dispute. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.
Boundary Disputes: Steps You Can Take
Generally, a lawsuit should only be turned to as a last resort. First steps can include performing a title search to see what county records show about the boundaries in question, and hiring a surveyor to confirm whether a boundary has been encroached. If a boundary has been encroached, property owners may next want to get an appraisal of the land in question and also consult with a real estate lawyer to make sure that the neighbor may not have a claim to the land because of squatter’s rights or because of other easements that may be in place. If you have purchased title insurance and the discovery of a property encroachment affects your property’s value, you may be able to make a claim with your title insurance. Sometimes, neighbors can also resolve property boundary disputes by one owner purchasing the property in question from the other. If the boundaries are clearly established and an encroachment has clearly taken place and there are no easements or other protections, sometimes a purchase that changes the land boundaries can be the best out of court resolution. Of course, sometimes boundary disputes get complex, and sometimes they may need be taken to court. Legal Counsel, P.A. is a real estate law firm in Orlando, Florida that can review all facts of your case, help you understand your options under the law, and assist you with the next steps should you face a property boundary dispute. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.