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3 common causes of boundary disputes

On Behalf of | Aug 27, 2024 | Real Estate

When people own land, they deserve to have that property ownership respected. Unfortunately, you may run into problems when misunderstandings or disagreements cause conflict about the true extent of your property or the ways you use that land. Understanding these issues can help landowners avoid or resolve disputes.

Unclear property lines

Disputes about property boundaries often arise when the property’s deed does not clearly or accurately describe the property’s borders. This document should outline the borders clearly. However, if the description is vague, incomplete or incorrect, it might overlap with a neighbor’s property.

This issue can come up during property sales, improvements, or new land surveys. It’s important for landowners to ensure their property’s description is accurate and to clear up any uncertainties with the help of a surveyor and a lawyer.

Issues with easements

An easement allows someone to use another person’s property for a specific purpose, like accessing a shared driveway or for utility work. Disagreements can occur over the terms of the easement or whether it should exist at all. Common problems include disputes over how much of the easement can be used, blocking access to the easement, or needing to change the easement because the property is being used differently.

Encroachment

Encroachment occurs when a property owner builds something or uses land that extends beyond their property line, such as a fence, shed, or driveway that stretches into a neighbor’s land. This can lead to disputes if the neighbor wants the structure removed or seeks compensation for the land use. Resolving these issues might involve negotiating an easement, removing the offending structure, or compensating the affected neighbor.

Dealing with boundary and easement disputes can be complex and stressful. To prevent these issues, it is crucial to have detailed surveys, clear legal descriptions and specific easement agreements. It is also vital for property owners to understand the issues that might arise so they can protect their rights.