Perigon Legal Services: Your Boundary Disputes Attorneys

Below are four types of boundary disputes that can arise between neighbors:

Access Disputes

Usually, access disputes arise when one owner enters or crosses another owner’s land. They occur when an individual or company assumes that the entrance (access) to their property is in their own boundary or is public property. Many access disputes can be complicated to resolve, since there is no clear answer. An appropriate approach is to agree on how the property should be used.

Lot Line Disputes

A lot line dispute frequently arises during real estate sales. These problems may arise when a property owner obtains a survey in order to refinance or start a construction project. Surveys will often show that the lot line is not where previously believed, resulting in a dispute regarding where the line really lies.

Adverse Possession Claims

Adverse possession claims arise when one neighbor claims ownership of a piece of land that the other neighbor owns. To succeed in an adverse possession claim, the claimant must prove that they have been using the disputed land for a particular time and that they have done so without the rightful owner’s permission. If the claimant can prove these things, they can take ownership of the disputed land.

Fence, Landscaping, and Outbuilding Disputes

Fences, landscaping, or outbuildings that cross the boundary line can lead to boundary line disputes. The dispute is essentially a lot line dispute, but it also involves deciding what to do with the item (or items) that have been located incorrectly.

If fences, landscaping, and outbuildings are located either totally or partially on the wrong side of a boundary line, adjacent property owners typically have limited options available to them. However, the property owner may be able to have the infringing improvement removed and placed on their property. But it depends on what the issue is.

The offended party may also grant a license or easement to the owner of the improvement, allowing them to use the owner’s property. Depending on your choice, the improvement owner may have to pay a one-time fee or a recurring fee.

A third option is for the property owner to sell a portion of the land with the offending improvement. However, this can depend on the specific area where the properties are situated. It is worth noting that subdivisions of this type can be denied or declined.

An attorney can help in a boundary case between adjacent property owners by providing legal representation and advice. They can also help to negotiate a settlement between the parties involved. In some cases, an attorney can even take the case to court and obtain a ruling from a judge. This can be helpful in situations where the parties cannot agree on their own.

Depending on your land dispute, your attorney may also conduct a title search in Georgia process to uncover legal descriptions and prior easements that can help you decide how to proceed. 

Therefore, if you have a boundary dispute with your neighbor, it would be best to find a real estate litigation attorney to address it quickly before it becomes a bigger problem.  

If you need legal representation or want to know more about boundary dispute cases and your property rights, don’t hesitate to contact Perigon Legal Services for assistance.