You bought your dream home only to discover that the property line isn’t where you thought it was. Or perhaps you purchased a piece of investment real estate and are now finding out that the investment isn’t what you thought it was. Maybe your ownership is correct, but now your neighbor is invading your side of the shared property line. Buying real estate in Florida presents a solid long-term investment, but only if you own what you think you own. Successfully navigating landowner disputes over boundary lines and easements can protect your real estate ownership. These five tips will help you navigate your landowner disputes.
1. Do Not Ignore or Avoid the Situation
Disputes over property lines and easements are legal issues. Ignoring them can result in bigger and more expensive problems. Ignoring the problem does not mean that it will eventually go away on its own. If you are having a dispute over real estate, acting immediately ensures the issue gets resolved as soon as possible. This can help prevent the delay of future property sales, diminished property values, and lawsuits.
2. Have a Friendly Conversation
Litigation is stressful and expensive. If you can avoid it with a friendly conversation, then this is the best course of action. Try direct and open communication that addresses the problem. Do not make assumptions or try to place blame. Calmly state the issue at hand and your suggestion for resolving the matter. Remember, this is your neighbor you are communicating with. If you can avoid creating a contentious or aggressive situation, this will create a more pleasant environment while utilizing your property.
3. Gather Information and Research
If a casual conversation with your neighbor doesn’t seem to be working, you may need to consider taking further steps. Before you do anything, you will need to gather as much information as possible. This means doing in-depth research into the history of the two properties. Gather information that includes surveys, past ownership, easement agreements, and anything else that might impact the outcome of the dispute. Hiring a real estate attorney can provide valuable assistance with this process. They will have experience with these types of disagreements and be able to advise on how to find all of the relevant documentation.
4. Prepare to Negotiate
In rare situations, the resolution is clear cut with one party in the right and the other in the wrong. However, typically, the involved parties will each have valid points. This results in everyone compromising for an equitable outcome. In addition, there is a sense of permanency that happens with real estate. For example, a landowner mistakenly builds a new structure that encroaches on the neighbor’s property. It does not make financial sense to require the demolition of the building and have it rebuilt. This is when the encroached landowner needs to agree to another resolution.
5. Get a Property Survey
A new property survey will accurately describe the real estate in question as it sits today. The survey is considered a legal document. It contains precise GPS coordinates and boundary line measurements. This is useful when reviewing previous real estate documents to ensure their accuracy and relevancy. This also ensures you do not rely on the other party’s information as the sole documentation source.
6. Hire a Real Estate Attorney
A Florida real estate attorney will have experience resolving boundary line and easement disputes. They will understand the evidence required to successfully secure a favorable outcome. Your real estate attorney can explain the applicable law and the legal process followed by the court. Hiring an attorney can also prevent a contentious situation from escalating. Once you hire an attorney, they will advocate for your best interests. This means you no longer have to communicate directly with the other property owner.
Resolve Your Landowner Disputes
Owning real estate is the most significant investment that most Floridians make. This makes boundary and easement disputes stressful as they threaten that investment. If you find yourself in a property dispute, start by opening communications with the other property owner. If a cordial and casual conversation doesn’t work, you will want to consider taking more serious steps. In-depth research and documentation will provide the documentation necessary to pursue a legal remedy.
Schedule a consultation with one of our real estate attorneys to discuss your landowner dispute.
