It’s common for neighbors to get into disputes on the location of a fence or a tree. An issue often arises due to a disagreement on the location of the property line or the rights and responsibilities of each party. If you find yourself in such an argument with a neighbor, it’s best to try to resolve it amicably. In some cases, though, you may have to seek help from an attorney.
How to Handle a Property Line Dispute Yourself
Start by calmly discussing the issue with your neighbor and trying to reach an agreement. You may discover that the problem arose from a simple misunderstanding and you may be able to resolve it with a brief conversation.
If you and your neighbor disagree about relevant facts, you should seek unbiased information to find out who is right. Even if you’re confident that you know the location of the property line, you may be mistaken, your deed may contain erroneous information, there may be an easement you’re unaware of or the neighbor may have occupied a piece of land long enough to claim ownership due to adverse possession.
Hire a surveyor to determine exactly where the property line is located and look into relevant laws. Statutes related to property lines vary from state to state, and some cities, towns and counties have their own laws. Be sure that you understand the rules where you live so you can figure out if you or your neighbor is in the wrong.
If you determine, based on this information, that your neighbor has violated your rights, have another conversation. Presenting a surveyor’s report and referring to specific laws may be enough to convince your neighbor and settle the issue.
When You Should Hire an Attorney
If your neighbor won’t budge after being shown information that supports your case, or if the neighbor is belligerent or refuses to speak to you at all, you may have to get an attorney involved. Consult a real estate lawyer who is familiar with state and local laws, and who has experience handling cases related to property line disputes.
The attorney can send a letter to the neighbor outlining your position and referencing the surveyor’s report and the relevant laws. Receiving a letter from an attorney may be enough to make the neighbor take the issue seriously and address it.
If that doesn’t work, you may have to resort to filing a lawsuit. That should be a last resort. A lawsuit can be lengthy and expensive, and you may be living next to the neighbor for several years or decades.
Even if you won in court, a lawsuit could permanently sour relations between you and your neighbor and could lead to years of conflict and animosity. In addition, other neighbors could take sides, causing your relationships with them to suffer. Stay calm, conduct some research and do your best to work things out on your own, if possible.
