Your commercial or residential real estate can hold an enormous amount of value. For that reason, you want to protect it as much as you can. That might seem pretty easy, right? After all, you’ve already secured a loan and purchased the property, so what else could go wrong? A lot, actually. In fact, boundary disputes are amongst the most common issues surrounding real estate. Here are a few ways that boundary issues can arise:
- False belief: In a lot boundary disputes, property owners simply have a wrongly held belief about where the property line lays. They may have been told where the line is by a previous owner or a family member, so they just think that information is accurate. Oftentimes it’s not.
- Bad assumptions: There can be a lot of landmarks on a property that seem like a property line. A row of trees, a lake or creek, a fence, and even a driveway can all create these assumptions.
- Reference to physical feature: A legal document identifying a parcel of property, especially an old one, may make reference to physical features that identify a boundary line. Over time, though, these physical features may shift or erode, making it difficult to figure out where the actual property line lies.
- Unclear language: Legal documents aren’t always perfect. When they’re poorly executed they can contain vague or ambiguous language that can make it nearly impossible for you to determine where a property line rests.
Why it matters
Knowing property boundaries is important for several reasons. If you cross over into someone else’s property, then you might find yourself on the hook for thousands of dollars, or more, in remedial measures. If someone one encroaches on your property , then you might lose enjoyment of your land. In other words, property laws can affect what you can and can’t do on your property. This is why legal action might be warranted in your case.
Securing the help that you need
Boundary disputes can be complicated because the law is complicated. However, with the help of a real estate law attorney you might be able to position yourself for a favorable resolution, whether that be through negotiation or litigation.