Encountering a boundary disagreement with a nearby neighbor is a relatively common issue for landowners. There are lots of ways a border conflict can occur. Often, deed descriptions are inaccurate and have been this way for a long time. Often, though the neighbors all concur that the legal description is appropriate, one next-door neighbor has been inhabiting a portion of the land for enough time to claim ownership of it, under a theory of "adverse ownership." Another possible source of dispute is when numerous, unrecorded deeds convey the exact same residential or commercial property to various people.
Are you encroaching on the next-door neighbors' land, or are they encroaching on yours? The cause of the conflict, quantity of land in question, and readily available options for resolution vary significantly depending upon the facts of the situation. This short article will discuss what to do initially in case of a disagreement.
Understanding the Boundary Problem in Question
Make sure you have a complete understanding of the cause and nature of the disagreement. You will require to get an expert analysis of whether you are encroaching on your next-door neighbors' property or vice versa, and find out how long the encroachment has gone on, how much land is being encroached upon, and whether consent was ever offered to trespass.
To acquire the needed info about your and your neighbor's residential or commercial properties, you will probably need to have a survey, appraisal, and a full title search performed. If you had any of these done when you bought the property, and still have them, you can use them at this phase and conserve the expenditure of having them redone. You will most likely requirement to get brand-new information if you must continue to trial.
Throughout a survey, a certified property surveyor will physically locate the boundary of your property based upon the legal description included in your deed. This will help figure out if your limits lie where you learn more believe they are, and how much land is being encroached upon.
An appraisal will inform you the market worth of the piece of residential or commercial property in dispute.
A title search will find all taped files in the chain of title of your property, and will reveal if there are any easements or deeds that may impact your ownership interest in the residential or commercial property. The previous owner of your home may have given an easement to the neighbor that was not discovered when you acquired the land, or may have outright deeded the residential or commercial property to the next-door neighbor.
The opportunities of something like this having actually taken place boost if you did not carry out a title search, however instead received a quitclaim deed when you got the home. If you bought a title insurance policy covering your home (probably a requirement if you funded your purchase using a home loan), any concerns like this must have been discovered by the title business and the title company might need to cover the expenses of sorting out the matter.
Consulting with a lawyer at this moment is also an excellent idea, to figure out whether you have a legitimate claim and what extra information you will need if the issue continues to lawsuits. You may, unfortunately, discover that you have no case, or that you remain in fact encroaching on your next-door neighbor's property just as the next-door neighbor had claimed, in which case lawsuits will be futile if you can not reach a contract with your next-door neighbor.
Chartered building surveying firm you can rely on
Are you planning to invest in a new property? Make a smart investment by getting a thorough building inspection and analysis done; at Barker Surveying Ltd we offer complete building surveys for domestic, commercial and industrial customers. All projects are carried out by a Chartered Building Surveyor to ensure that every customer is provided with the highest standard of professional advice. We serve across Merseyside, Liverpool, Cheshire and North Wales.
For more information contact:
Barker Surveying Ltd
Baden House, 6 Gilwell Cl, Greasby, Wirral CH46 0UD
+44 800 030 6644