what kind of lawyer do you need for a property boundaries

When should you hire a property attorney for boundary lines?

A local property attorney will be able to understand the complexities of title ownership and boundary line disputes. They also will know which laws apply in your particular jurisdiction and the best way to resolve your issues.

Do I need a lawyer for property disputes?

Boundaries with real estate are good to have so that each person is aware of what property he or she is responsible for. This also enhances relationships when there are fewer disputes. However, when these lines are vague or there are some concerns about what and where belongs to whom, a real estate lawyer is often needed to resolve these matters. While these disputes may become …

How can a local real estate attorney help you?

A surveyor will access the corresponding documents and then use special instruments to mark the boundaries of your property. If there are several documents on file indicating different property lines, then the job may be more complicated and ultimately cost more. Property lines are not carved in stone and may be changed through mutual agreement.

Do you need an attorney to resolve a boundary dispute?

May 06, 2020 · A local real estate attorney can talk through the situation with you, research the public records regarding the property, and give you the best advice on how this affects your property and the best way to move forward. In some situations, your attorney can also represent you in court (if needed), work with you to clear any clouds on title, and help you to clear any …

How do you settle a boundary dispute?

How do you legally change property lines in Texas?

How close to my property line can my neighbor build?

Who checks boundaries when buying a house?

Who owns a fence on a property line in Texas?

Can I build up to the boundary of my property?

How close to a boundary fence can you build?

Can you build a fence on an easement?

Property Lines and Understanding Boundaries

When understanding boundaries of property, the individual usually looks to the county’s tax maps with separate pieces of land based on these specifics. Typically, this includes a front and backyard for houses and acres of land when more than just the house has been purchased.

Initial Steps for Property Disputes

It is best to be proactive when any type of property dispute starts. When misunderstandings or differences of opinion emerge, it is best to remain level headed and calm in the situation. Legal documents should be presented with an unbiased third-party so that they may be examined and discussed.

Two Types of Lawsuits

There are two types of lawsuits that are generally used for property disputes. These are the continuing trespass also known as ejectment and declaratory judgment actions.

The Assistance of a Lawyer in the Boundary Dispute Case

Because of changes in the land, improvements made on the property and alterations through time, the assistance of a lawyer often becomes a must in these disputes. He or she may utilize the actions that eject the neighbor or that award the estate entirely to the single individual.

Boundary Disputes Often Get Heated

For some people already deep into a boundary dispute, this might sound like the understatement of the year. Again, a person’s property is their kingdom, and questions as to the true ownership of a portion of the property can involve not only large amounts of value but also privacy and even honor.

California Property Law is Confusing to Most Laypersons

Although an experienced real estate lawyer will have a solid understanding of the applicable property law in a boundary dispute, many non-lawyers find talk of prescriptive easements, adverse possession, laches, and quiet title actions to be confusing.

A Court Order Can Be the Clearest Way to Resolve a Boundary Dispute

Many people have an inherent aversion to courts, judges, and attorneys, and so it is completely understandable to want to resolve a property boundary dispute on your own with a friendly (or not-so-friendly as the case may be) handshake or some kind of written agreement.

Work With an Experienced Los Angeles Boundary Dispute Attorney

Attorney Laine T. Wagenseller of Wagenseller Law Firm has published numerous articles on real estate law and works with individuals and businesses across Southern California in resolving real estate matters, including boundary disputes.

What is the best way to resolve boundary disputes?

There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no matter which side of the fence or property line you’re on. A lawsuit against a neighbor is seldom a good idea.

Can neighbors argue over boundaries?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: constructs an improvement that clearly crosses a property line.

What happens when neighbors dispute a fence?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: 1 constructs an improvement that clearly crosses a property line 2 fails to obtain building permits before starting work or installations 3 doesn't obtain approval from a required source such as a city or town planning commission or homeowners’ association 4 builds an improvement that violates a state law, local ordinance such as a zoning restriction, or the covenants, conditions and restrictions (CC&Rs) of a homeowners’ association. 5 constructs an improvement that violates a restrictive covenant (a clause in a deed limiting property use), or 6 interferes with an established property use, such as by blocking a path or driveway.

Do fences make good neighbors?

They say good fences make good neighbors. Indeed, having a clear sense of boundaries — where your land ends and your neighbor's begins — is critical in maintaining a good relationship. Because your land —and your neighbor's—is probably your most valuable asset, boundary disputes can become heated very quickly.

What is boundary dispute?

A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...

Can you sue a neighbor for trespassing?

First, you can sue for continuing trespass or ejectment. In a continuing trespass or ejectment action, you are asking a judge (typically a state court judge) to find that your neighbor is trespassing on your land, and further ordering that the neighbor remove him- or herself and any possessions.

What is a prescriptive easement?

Property use established a prescriptive easement, authorizing your neighbor to come across your property. You gave consent to use your property. You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What is a cease and desist order?

An injunction, sometimes referred to as a “cease and desist” order, is a judicial order that requires a person to do or stop doing a specific action. In some cases, the court may use a judicial sale of the property to remedy the situation.

What is judicial sale?

Judicial sale also occurs in partition actions, where co-owners of a property no longer want to be co-owners. In a partition action, the court may order the property sold and the proceeds distributed among the co-owners according to the proportion of their ownership of the property.

What happens if a neighbor cuts down a tree?

Or, for instance, if a neighbor cuts down one of your trees, you may be entitled to monetary damages (like the value of the tree). Quiet title actions are a specific type of lawsuit used to determine legal ownership of a property, and are more common when the chain of title in the public record is incomplete.

What is cloud on title?

Generally speaking, a “cloud” on title refers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another.

Is boundary setting good for lawyers?

Those interested in lawyer wellness should not discount the importance of boundary setting as an effective form of self-care. It has been widely reported that lawyers are particularly prone to psychological distress and have higher rates of depression and substance abuse than the general population. [11]

What are professional boundaries?

Professional boundaries should also define the interactions between an attorney and the client, and exist to protect both parties. As recognized by the Washington State Bar Association: “No conscientious professional sets out to violate the standards of professional relationships with clients.

Can a lack of boundaries hurt a relationship?

It is important to be aware that any and all relationships can benefit or be harmed by a lack of personal boundaries — whether that relationship is between partner and associate or attorney and client.

What happens when you don't set boundaries?

Failing to set appropriate boundaries leads to repetition of difficult situations or issues, and inappropriate boundaries affect all areas of our lives. Maladaptive emotional patterns, in time, take a significant toll on mental health.

Why is lawyer well being so low?

One theory as to why lawyer well-being seems to be at an all-time low is that behavior directed toward lawyers is driven by the perception that lawyers are essentially commodities with on-demand availability.

What is boundary work?

Boundary work is also based on the idea that “I am responsible for me, and you are responsible for you.”. Additionally, boundaries need to be made visible to others and communicated to them in a relationship. It is important to remember that boundaries exist and affect us whether we communicate them or not.

Why is it important to be a counselor?

This is significant because an important part of the attorney’s role as counselor is to sometimes deliver bad news to a client. If a client is aware that, although you may really like them, they are first and foremost a client, that client may be less likely to take potential bad news personally.

Frequently Asked Questions

Where can I find information that will tell me my exact property boundaries?

Where can I find information that will tell me my exact property boundaries?

If you are experienced enough to read and understand a land survey, you can simply request a copy of the land survey or subdivision plot from your city clerk's office. These documents are required to have detailed information regarding where your property boundaries are.

Can my neighbor and I simply agree where the boundary should be?

Yes. If you and your neighbor have agreed where you both want the property boundaries to be, then you both can make a "lot line agreement," also called a "lot line adjustment agreement." These agreements are made official and binding by making and signing deeds that describe in detail the agreed upon property line.

What remedies do I have if my neighbor starts to use my property?

When you think that your neighbor is starting to use your land, even if it's just a minor thing like building a fence in the wrong location or installing a drainage pipe that crosses the property line, you need to act immediately.

Have More Questions About Property Boundaries, Lines and Neighbors? Ask a Lawyer

Property disputes can get heated quickly. The best way to keep a dispute from getting out of hand is to have a clear sense of your rights and obligations. Contact a skilled real estate lawyer near you to discuss your situation and learn how they can help resolve your matter decisively.

What to do if you have a mortgage on a property?

If you have a mortgage on the property, consult a local attorney for help in drawing up the deeds. Whoever holds the mortgage may need to be notified and permission obtained before you transfer even a tiny piece of the land. Some mortgage companies will not be concerned or want to be involved.

Can you agree to a boundary?

For an agreed boundary line to become the fixed legal boundary, the two owners must not only agree, but agree because they really can't locate the line. This doesn't mean that the neighbors must call in a surveyor to try to find the boundary. It is enough if they cannot reasonably locate the line from their deed descriptions, from a previous survey recorded in the land records or from markers on the ground.

How to make a clear boundary?

To establish a clear boundary, adjoining property owners can decide where they want it to be and then make it so by signing deeds that describe the boundary agreed on. If you have a mortgage on the property, consult a local attorney for help in drawing up the deeds.

When a boundary line cannot be located because deeds or maps are ambiguous, the two adjoining

When a boundary line cannot be located because deeds or maps are ambiguous, the two adjoining neighbors may simply agree where the boundary line is. Once this agreement is made and certain conditions (discussed below) are met, the line is the permanent legal boundary. It is binding not only on those neighbors but also on later buyers. (1) The agreement does not change the ownership of land. Instead, it interprets ambiguous property descriptions in the deeds.

What is an informal boundary agreement?

An informal, unwritten boundary agreement can be a ticking time bomb, ready to go off when the property is sold. To avoid an explosion, if you make an agreement about a land boundary, put it in writing.

What does a surveyor do?

The surveyor will survey the entire property and give you a copy of the survey, showing the boundary lines of your property. He will also place official markers on the boundary lines, which will remain to mark the boundaries.

What to do when boundary line is not clear?

When a boundary line is not clear and the neighbors can't agree, a few states have statutory procedures allowing one neighbor to ask a state court (regular court, not small claims court) to settle the line. This will probably involve a new court-ordered survey and will be expensive. In other states, you can hire a lawyer and file a suit to " quiet title " (decide who owns what). Again, the judge may order a survey done, and the whole thing will take a lot of time and money.

What are Property Line Disputes?

The term “property line dispute” (also known as “boundary line dispute”) can refer to a broad array of disputes over the ownership of land. Typically, property line disputes arise from one of two sources: encroachment, or a problem with the recorded deeds.

Preventing and Discovering Property Line Disputes

To avoid or discover property line disputes, you need to know the exact boundaries of your property. Your deed has a legal description of your property’s boundaries, but these are just words on a page until they have been translated into a verified map. The most accurate way to determine the borders of your property is with a survey.

How a Real Estate Lawyer Can Help You

Beyond guiding you through the above process, a competent and experienced real estate lawyer can negotiate on your behalf from a position of power and knowledge, and then pursue further legal action if necessary.

Boundary Disputes Often Get Heated

California Property Law Is Confusing to Most Laypersons

• Although an experienced real estate lawyer will have a solid understanding of the applicable property law in a boundary dispute, many non-lawyers find talk of prescriptive easements, adverse possession, laches, and quiet title actions to be confusing. And even when you do have a basic understanding of the terms, knowing how those concepts are appli...

See more on wagensellerlaw.com

A Court Order Can Be The Clearest Way to Resolve A Boundary Dispute

Work with An Experienced Los Angeles Boundary Dispute Attorney

Defining Boundaries and Property Lines

First Steps When A Dispute Emerges

Will Title Insurance Cover The Dispute?

How A Lawyer Can Help with Your Boundary Dispute

• You won’t always be able to solve boundary issues on your own, or even with the assistance of a land surveyor or mediator.You might want to consult an attorney, especially if the dispute is over a significant piece of land. Keep in mind: A lawsuit against your neighbor is seldom a good idea. Even if you “win”, you are often stuck living next to you...

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Property Improvements A Common Source of Boundary Disputes

Anticipate Defenses Your Neighbor Might Raise

Questions For Your Attorney