The acquisition of real property is a major investment. Whether an individual or business acquires residential property or commercial real estate, preserving the property is usually a top priority. A portion of the parcel the buyer acquired could be at risk in a scenario where a boundary dispute with a neighbor arises.
Perhaps a neighboring business wants to expand its parking lot and intends to build over what one owner believes is the boundary line between the two properties. Maybe a neighbor in a residential neighborhood wants to erect a fence, but there may be questions about where the boundary between the properties at issue actually falls.
In what ways can real estate owners who want to protect their investments resolve a disagreement about where the boundary for a parcel falls?
With a review of paperwork
Sometimes, reviewing the most recent deed information for a parcel can provide clarity about a boundary issue. Deeds typically need to include legal descriptions that describe the exact placement of a parcel. Occasionally, property owners with conflicting ideas about where the boundary falls between their properties can resolve their disagreements by reviewing their deeds.
With the help of a surveyor
The deeds may actually be the source of the issue because there are inaccurate details included in one legal description or the property owners misunderstand the language used in the deeds. In such scenarios, hiring a surveyor could be useful. Surveyors have training and equipment that make it possible for them to accurately establish where the boundary between two parcels falls. They can put markers down and produce a final report validating the placement of the boundary between the two parcels.
With real estate litigation
Those intending to build over a boundary line don’t necessarily change their plans after reading a deed or reviewing the survey report. If the property owner intending to build over the boundary plans to move forward with the project anyway, the concerned neighbor may need to involve the courts. A judge has the authority to correct an inaccurate deed so that it reflects where the boundary between the parcels actually falls. A judge could also issue an injunction preventing development over the boundary line or requiring that property owners correct prior incursions that crossed the boundary line.
Real estate owners at risk of losing part of their parcel due to a boundary issue may need help addressing the matter. Taking timely action when facing a boundary dispute is often preferable to ignoring the issue. Legal action can potentially prevent scenarios in which neighbors suffer major financial setbacks or a loss of property rights.