We all strive for a good relationship with our neighbors. After all, they are the first people who can help us when in need. When it comes to land, however, this relationship can take a turn. Are there clear boundaries between your property and your neighbor’s? Since time immemorial, the soil has been a crucial element to man.
We will discuss the causes of land disputes as well as how you can settle it amicably. We will also inform you what the law states on the matter. Find out more!
Why do land disputes occur?
Land disputes arise from not distinguishing where your land ends and where your neighbor’s property begins. Conflict can result from inaccuracy in the description of title deeds. Extended occupancy of land for long can make a person claim ownership. Sometimes, the title deed portrays land ownership of more than one party.
A bank can also request for a land survey which may bring conflict between neighbors. Many of us assume that a boundary of our property is where we place our fences. This might not necessarily be the case. The ownership of a new home can also cause a land dispute. When you buy a new home, you may wish to install a driveway somewhere that your neighbor may consider encroaching.
You can also desire to upgrade your home by making space for a garage or a swimming pool. If your upgrade goes beyond your land, it may cause a dispute. In this case, the law states that you should get a building permit from your municipality.
How can you settle a land dispute?
Consult a professional analyzer
For you to understand territorial boundaries of the land, you need advice from a professional analyzer. They will give you insights on the nature of the land dispute, how much ground your neighbor is encroaching as well as the duration of encroachment. An analyzer can prepare sub-division maps to show the dimensions of the property.
Get a licensed surveyor
Conducting a survey appraisal on the land gives you data regarding the boundaries of the property. They can help you find the boundaries between the areas as per the title deed’s description. The appraisal can also enlighten you on the value of your land. A surveyor acts according to the national law by marking land boundaries with corner markers to distinguish the property.
The surveyor can conduct a title search to find all the documentation there is towards the property. They can also determine problems from the property such as deeds that may affect your land ownership. Sometimes, people purchase lands without conducting a title search. This may become a problem later when you discover that the previous owner of the property gave an easement to your neighbor.
Discuss the issue with your neighbor
Coming up with an agreement before forwarding the matter to court can save you time and money. Keeping a friendly relationship with your neighbor can help you find common ground. Avoid bringing in an attorney at this stage so that your neighbor does not feel intimidated. If the discussion is futile, you can proceed with the case legally.
Let your attorney serve them
Your attorney can send them a letter that outlines information regarding the land dispute. It can request for some particular action or have an offer to facilitate the settlement of the land dispute. There are many offers in this case such as, division of the property or modification of boundary lines on the property.
Monetary payment can also be a suitable offer to resolve the matter. You can both share the costs of surveying the property as well as the legal fees to mark the boundaries. The letter can also contain information regarding surveys, appraisals and title work. They will probably pass the message to their attorney for legal advice.
File for a lawsuit
Sometimes, the negotiations between you and the neighbor may not work. You can now file a lawsuit against them. You can request the legal team to consider your evidence and help you settle the case in your favor by showing that they intentionally or negligently infringed your land. Your attorney can present all the information necessary in court and update you on the case. They can also minimize the costs as the case proceeds so that they are not overwhelming.
Request the professional surveyor to testify
The testimony of a professional surveyor can help you win the case by presenting valid evidence to show that your neighbor encroached on your property. They can submit documentation of the research of deeds on the land and convince the jury.
Consider settlement loans
Grapeleafcapital can offer you settlement loans to help you with family expenses before you can receive any compensation from the court. You can use the cash advance to pay for expert fees to work on the land as the case proceeds.
Look for a mediator
In settling land disputes, a retired judge can act as a mediator between you and the neighbor to solve the case. You can also get a person who deals with real estate issues to mediate. Mediation includes both negotiation and discussion. They can help you understand the outcome of the case if it proceeds to trial.
Prepare for trial
As you prepare for this phase, you need to consider if you are financially ready for the costs. You may incur both legal and expert fees in the case. You can also evaluate the worth of your land to determine if a trial is the best option. This phase can help you gain clear title and win the case if you have an experienced attorney.
Final thoughts
Many are the times when neighbors are unaware of land boundaries until they need to use some extra space. Consulting experienced people dealing with real estates as well as an attorney in the same field, can help you settle the case without wasting a lot of time and money. Ensure that you remain civil with your neighbor and let the lawyers of both parties handle the situation to avoid any drama.
