Real Estate Boundary Disputes: Understanding the Causes and Possible Solutions
Real estate boundary disputes are a common and often contentious issue between neighbors. These disputes can arise when there is confusion or disagreement over the location of property lines or the use of shared property. Understanding the causes and potential solutions for real estate boundary disputes is crucial for resolving these conflicts and maintaining good relationships with neighbors.
Causes of Real Estate Boundary Disputes
Incorrect Property Surveys: One of the most common causes of real estate boundary disputes is an incorrect property survey. A survey is the process of determining the boundaries of a piece of land and is typically performed by a licensed surveyor. If a property survey is incorrect, it can result in a boundary dispute between neighbors.
Misinterpretation of Deeds: Real estate boundary disputes can also occur due to a misinterpretation of deeds. Deeds are legal documents that transfer ownership of a piece of property and include descriptions of the property's boundaries. If the description of the boundaries is unclear or conflicting, it can lead to a dispute.
Improper Use of Shared Property: Real estate boundary disputes can also arise when neighbors improperly use shared property, such as a shared driveway or fence. If one neighbor uses the shared property in a way that affects the other neighbor's use of their property, it can lead to a dispute.
Unauthorized Encroachments: Unauthorized encroachments, such as building a structure on a neighbor's property or using a neighbor's land for storage, can also cause real estate boundary disputes.
Possible Solutions for Real Estate Boundary Disputes
Review the Property Survey: If a boundary dispute is due to an incorrect property survey, the first step is to review the survey and determine if it is indeed incorrect. If so, the survey should be corrected and a new survey performed.
Mediation: Mediation is a process where a neutral third party helps the disputing parties resolve their conflict. Mediation can be a helpful solution for real estate boundary disputes as it allows the parties to come to a mutually agreeable solution.
Boundary Line Agreement: A boundary line agreement is a legal document that outlines the agreed-upon boundaries between two pieces of property. This can be a useful solution for real estate boundary disputes as it provides a clear and binding agreement for both parties.
Legal Action: If mediation and other solutions fail, a real estate boundary dispute may need to be resolved through legal action. A court will make a decision based on the evidence presented by both parties.
In conclusion, real estate boundary disputes can be a complex and emotional issue. However, by understanding the causes and potential solutions, these disputes can be resolved in a fair and amicable manner. If you are involved in a real estate boundary dispute, it's important to seek the advice of a legal professional to help resolve the issue and protect your interests.