Humans are by nature, territorial—although some much more so than others. No matter how strongly you might feel about protecting your home or business area though, understanding your property lines is important so that legal issues do not erupt. For purchase or transfer of land, a property survey should be completed so that there are no questions regarding the boundaries between you and your neighbors.
If you are planning to make improvements to your property later, having a survey with your property lines clearly outlined will save you a lot of headache; plus, such a certificate may quickly shut down any encroachment issues you see ahead with a neighbor or any other entity. The survey means there is no gray area, and you are well apprised of your rights regarding your property. If a problem does ensue, consult with an experienced real estate litigation attorney like Shane Coons as soon as possible.
Following are some common issues that may cause real estate boundary disputes:
- Fences: If you or your neighbor are getting ready to build a fence, it is crucial to understand exactly where property boundaries lie ahead of time. These types of improvements can be costly and getting into a legal dispute over one later could be stressful and expensive.
- Additions and outbuildings: If you are adding on to your home or building another structure, again, make sure you understand the proper boundaries. This can also become a legal issue if a neighbor is building without taking the property lines into account or is disputing them without a survey in hand.
- Driveways and easements: These areas are classic for creating disputes between neighbors. Property lines should clearly delineate any shared driveways, and easements should be properly recorded.
- Landscaping: You may be surprised to find out how heated neighbors can get when it comes to a tree that they either want saved or cut down—and if there is a question of whose property it is on or hangs over, notice should be given regarding modifications. In some cases, tree roots or overhanging limbs could be encroaching and causing damage to the other property owner’s yard. With clearly outlined boundaries, a resolution should be reached more easily.
- Utility and cable companies: Easements are often granted to utility companies for work that is crucial to the community, but if they begin encroaching on your property, you may find yourself fighting for your rights regarding unsightly pipes, cable, and more that may be stretching across your boundaries, or other issues that are causing problems.
If a resolution cannot be met quickly with a party who may be encroaching on your land, consult with an experienced real estate litigation attorney before matters become more difficult to reverse. Call now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com. We will be glad to meet with you to review your case and explain your legal options. Our office is here to help!