Bruno Pugh
Many things can lead to a property line disagreement. It can be a neighbor expanding their garden into your yard or building a shed on your land. To many people, this disregards their rights to their space. When you want to get your space back, you have to be as stress-free and peaceful as possible; with these tips, you can achieve that.
Stay Calm and Patient
It’s easy to flare up when you think someone is trying to trample on your rights or disrespect them, but staying calm is always better. Resist the urge to take immediate action, like cutting trees or moving a fence. Before discussing with them, research and get your facts right so things don’t get complicated.
Review Your Property Deed
In your property deed, you’ll likely find specific details about your land, including its boundaries. Carefully read through it and look out for legal descriptions, dimensions, and boundary markers. With this knowledge, you become sure of where your property lines are and can refer to them when needed.
Gather Documentation
Now, it’s time to gather proof. Look for anything that supports your claim to the line. Past surveys, photography, and correspondence with previous owners are some proof you can hold on to. These will strengthen your claims and serve as evidence if you go for mediation.
Get a Professional Survey
When a surveyor is involved, ambiguities about the boundaries fade away because they will serve as an unbiased third party. Get a licensed surveyor to access the land and show you where the property lines are. The input of a surveyor will aid the definition of property lines, and their report can serve as an official record.
Check Local Zoning and Property Laws
You should also get familiar with local zoning laws. They will tell you what is permissible on your property, what the regulations say about boundaries, and the distance that should exist between structures and property lines. Learn about easements and how it affects your property. This knowledge gives you context and can influence your next steps.
Have an Open Conversation with Your Neighbor
Now that you’ve gathered all the necessary information, you can now talk to your neighbor. When you do, don’t go in for an argument. Instead, calmly explain your perspective and listen to what they have to say. You may be surprised that this alone may settle the issue or begin the process.
Propose a Mutually Beneficial Solution
Putting the problem to rest may be quicker when there are compromises, so think about solutions that will make everything better for both of you. For example, offering to buy the space in question or suggesting shared use. Showing willingness to compromise may signal goodwill to your neighbor.
Use a Mediator
If you can’t agree on anything after you do your best to communicate with your neighbor, it’s time to bring in a mediator. Mediators provide neutrality and can help you engage in healthier conversations. They can also develop options that you and your neighbor may find acceptable.
Involve Your Homeowners’ Association (HOA)
The homeowners’ association in your neighborhood can be of assistance. They may have guidelines or procedures for resolving property disputes. Since one of their duties is to ensure residents exist peacefully, they can act as mediators and resolve the conflict early enough to prevent it from escalating.
Document Everything
Don’t forget to keep records of everything regarding the property line dispute—conversations, agreements, and any and every development related to it. These records will provide a clear timeline and can set up a context for your claims. You’ll find it to be an asset if legal actions become necessary.
Hire a Real Estate Attorney
If the situation becomes problematic or more complicated than you can bear, you should consider seeking advice from a real estate lawyer. They can give you advice that suits your exact situation, help you understand your rights better, and give you options to resolve the disagreement.
Install Temporary Markers
While you’re still trying to resolve the issue, it helps to install temporary markers along the suspected lines. These lines could be based on the report from a licensed surveyor. You can use stakes or flags for this. Their presence will guide you and your neighbor on the use of the disputed territory.
Consider a Boundary Agreement
When you and your neighbor are finally able to come to an understanding, ensure that your agreement is formal and put in writing. A gentleman’s handshake won’t be enough. When there is a written agreement that both parties can refer to, it reduces the chance of future disputes.
Litigation as a Last Resort
Litigation comes close to the end of this list because court cases may take a long time, cost a lot of money, and cause stress. Before taking your neighbor to court, weigh the benefits and costs and decide if it’s worth it. Also, consider that it can ruin your relationship with them. Go to court if you think it’s the best approach.
Address Encroachments Early
Once you notice a neighbor’s structure, such as a fence, shed, or driveway, crossing into your property, address it immediately. Problems that aren’t addressed quickly become big issues later. Plus, letting minor encroachments go unchallenged can encourage your neighbor to encroach boldly.