what type of lawyer to use for property line dispute

How do I deal with a property line dispute?

Boundary Dispute Attorney – When You Need A Property Line Dispute Lawyer. Boundary dispute lawyers are professional legal experts. These lawyers are responsible for settling the dispute in terms of real estate’s possession or acquisition. In most cases, the disputes are regarding the boundary limits of the property.

How do you write a property dispute letter?

Typically, property line disputes arise from one of two sources: encroachment, or a problem with the recorded deeds. Encroachments: Encroachment occurs when one party’s recognition or use of the property line differs from the property line’s legal location. As fences are built, or trees are planted, it is easy to lose track of the legal ...

Is there Statute of limitations on property line disputes?

If you are involved in a property line dispute, it is imperative that you enlist the help of an experienced real estate law firm, capable of representing your interests. We offer a free consultation to discuss your property boundary line dispute situation and show you how our real estate attorneys can help. Call now for a free case evaluation at 206-621-1110.

What to do about conflicting property boundaries?

The land use lawyers at Kassouni Law have extensive experience resolving property line issues for clients. If you have a boundary line issue, contact the Kassouni L:aw legal team to strategically posture your matter for positive results. Practice Areas Constitutional Property Rights Appeals Constitutional Law Civil Rights Land Use Law

What are the 4 types of boundary disputes?

Broadly speaking, the majority of these disputes can be broken down into four categories:Lot line disputes.Fence, landscaping, and outbuilding disputes.Access disputes.Adverse possession claims.Nov 25, 2020

What is an example of a property dispute?

Property disputes come in many different forms. Examples include individuals litigating the ownership rights of a property (land title), the location of the ownership line that separates them from one (land boundary), one's right to use the land of another (easements), or even riparian (water) or littoral boundaries.

How do you resolve property disputes?

You can choose to resolve your property dispute through settlement if family members are involved in the property dispute. The settlement involves all the stakeholders sitting across the table and mutually deciding how the assets/property would be divided.

Can you sell a property with a boundary dispute?

Indeed, the nature of the law can mean both sides may actually be right. However, a dispute still requires a resolution both for peace of mind and if either party intends to sell. You can save your buyers, your next home, and your whole transaction by using dispute resolution services.Feb 25, 2020

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.

What are boundary disputes?

Property boundary line disputes can be a disruptive and aggravating challenge for both business and residential property owners. Our boundary line dispute attorneys frequently deal with the following types of legal issues: 1 Determining legal boundaries, versus what has been routinely used and observed 2 Evaluating the legal impacts of structures (such as fences) or trees and vegetation that encroach over a neighboring property’s boundary 3 Changing legal property descriptions to match current use 4 Evaluating your rights in connection with a trespass, such as your neighbor’s using your property without your permission 5 Analyzing construction activities that may affect the stability of your land or interfere with an established property use, such as by blocking your driveway 6 Evaluating property improvements that cross a property line or violate laws, covenants, permitting or zoning requirements.

What happens when you can't agree on a boundary line?

When parties simply cannot agree to where a given boundary line should be, their only recourse is to seek a judgment from a court. This takes place, of course, through the litigation process. By far, the most common cause of action for such a situation is adverse possession. Adverse possession is the legal doctrine that can be asserted if you’ve possessed another person’s property openly, continuously, exclusively, actually, and without permission for a period of at least 10 years (seven years, under “color of title”). If the requirements for adverse possession are met, then a court may rule that the section of disputed property has legally shifted ownership to the adversely-possessing party.

What is Dickson Frohlich?

At Dickson Frohlich, we know the laws and the legal system. We will use our decades of experience to protect the physical integrity of your property in any boundary line dispute. Whether you would like to change your legal property description to match current use or prevent an adjoining property owner from unlawfully encroaching on your property, we are here to defend your rights.

Does title insurance cover boundary lines?

While the standard title insurance policy contains an exclusion for boundary line disputes, it may help to notify your title insurer of the dispute. In some cases, it might agree to provide legal representation.

Can a boundary line be too deep?

Some disagreements regarding boundary lines are too deep for neighbor-to-neighbor negotiations . Typically, the party who may be losing property by virtue of the observed boundary line simply cannot accept the legal realities of his or her situation. In those instances, you likely need to consult an attorney.

What is a construction analysis?

Analyzing construction activities that may affect the stability of your land or interfere with an established property use, such as by blocking your driveway. Evaluating property improvements that cross a property line or violate laws, covenants, permitting or zoning requirements.

What is spite fence?

Washington RCW 7.40.30 prohibits building “spite fences,” which are built maliciously and intended to spite, injure, or annoy an adjoining landowner. The law allows courts to issue injunctions to stop the construction of spite fences or other structures and to compel abatement and removal.

How to understand property lines?

To truly understand your property lines, you’ll need to hire a land surveyor. They will visit your property and determine its boundaries through careful measurement. They use sophisticated equipment to supply you with an accurate map of your property.

What is a property line?

Property lines (also called boundary lines) are the invisible lines that define your property. They are outlined in your property deed, telling you where your property ends and where your neighbors’ begin. Property line disputes can arise in a variety of ways. Storms can knock over a tree into your neighbor’s property or your neighbor could build ...

How to deter trespassers?

Put Up Signs And/Or Fences. If you live in an area with a lot of open land, it can be useful to put up signs to deter trespassers. “Private Property” or “No Trespassing” signs help define your property so anyone occupying it without permission is aware they’re trespassing.

Where does Andrew Dehan live?

He is also a published poet, musician and nature-lover. He lives in metro Detroit with his wife, daughter and dogs.

What is encroachment in property?

Encroachment is defined as one property owner crossing over their neighbor’s property lines, whether by building a structure or extending a feature. Encroachment can be something as simple as letting your tree’s branches grow over into your neighbor’s yard. Or maybe they build a fence that crosses over into your property.

How much does a title search cost?

With a title search, a title company or attorney typically conducts the title search. On average it costs $75 – $200. You’ll be supplied with a report on the documentation of your property, along with a list of potential encumbrances.

What does "no trespassing" mean?

Trespassing at its most basic means knowingly occupying land that isn’t yours. Images of “No Trespassing” signs along rural roads may come to mind. These signs are part of the fact that trespassing can’t be done unwittingly. You must know it’s neither your property nor public property

What to do if you think you are in a property dispute?

If you think you may be in a property dispute, you should be prepared for a lot of research, paperwork, and some time with a lawyer. Fortunately, you can often avoid a costly battle in court. Read on to learn what to do about your situation and what you can expect to happen in the coming weeks and months.

How to settle a property dispute?

There’s no single way to settle a property dispute. Sometimes, the parties in a dispute can negotiate to come to an agreement without a battle in court. In other cases, you may need to fire a complaint. If you wish to avoid litigation, consider mediation.

Why do neighbors dispute property boundaries?

Boundary disputes can arise between neighbors when they disagree on where the property line lies. These disputes are more likely to occur if the property boundaries were never clearly registered or a practical property line supersedes the legal line.

How to argue a case?

Gather Information For Your Case. To effectively argue your case, you will need to gather the facts about the property in question. That means finding any relevant documents and potentially taking photographs of property damage. To find the right documents, you may need to complete a full title search on your property.

Why do you need title insurance?

However, purchasing title insurance when you buy a piece of property can help you ensure your title is free and clear and reduce the risk of a costly title dispute. In some cases, title insurance companies can help defend you in a boundary dispute.

What happens if someone doesn't live up to their contract?

When someone does not live up to their obligation in a contract related to a property, the other party can pursue damages for their losses. For example, if a tenant fails to follow the rules outlined on a lease or a homebuyer does not pay the agreed price to the seller, they may be found in breach of contract under the law.

Can a real estate dispute go to trial?

Most disputes can settle without a trial, but not all, so you would be wise to proceed with settlement in mind while also preparing for litigation.

What is the second option to sue for a land dispute?

Your second option is to sue for a declaratory judgment. This is a way to put your dispute in front of a judge, who will make a legal determination as to whether or not you own the subject land.

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.

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.

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

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 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.