Neighbors often try to keep a polite overall demeanor to sustain relatively positive relationships with one another. After all, they have to see one another regularly, and the conduct of one neighbor can affect everyone in the neighborhood.
Neighbors often maintain an amicable dynamic largely by keeping to their own properties. However, that can be a difficult objective to achieve if the neighbors do not agree about where the boundary between the properties falls. In fact, the boundary could become a source of intense dispute between the neighbors. If they cannot amicably resolve a disagreement about the boundary between the two parcels, then the matter may require the review of a civil court judge.
How can judges potentially resolve boundary disputes?
By issuing an injunction
Many boundary disputes begin with improvements or planned improvements. One neighbor wants to build a fence at or over the boundary line or intends to expand their home onto land that isn’t actually theirs. When there is an improvement that crosses the boundary between two properties, a judge can issue an injunction requiring the owner to move or remove the improvement. They can also issue an injunction preventing one neighbor from building over the property line.
By acknowledging adverse possession
Sometimes, boundary disputes have gone on for years. Particularly if one neighbor has used and maintained a specific section of land without dispute or interruption for at least 10 years, they may have grounds to claim ownership of that property. In rare cases, judges can award one neighbor who crossed the boundary line the right to retain the property that they have used for many years.
By correcting legal documents
Frequently, confusion about the boundaries between properties begins with inaccurate or outdated property descriptions on deeds. Many property owners rely on physical landmarks, such as trees or fence posts, to determine where one property starts and another ends. In cases where there are contradictory or inaccurate legal descriptions for properties, judges potentially have the authority, after reviewing the facts of the situation, to issue orders that can correct legal descriptions and resolve the dispute.
Boundary disagreements can be costly and can do permanent damage to a relationship between previously amicable real estate owners. Preparing for real estate litigation when parties are unable to resolve a boundary dispute can help people protect the real property in which they have invested.