An argument over real estate property and boundary lines can cause a great deal of uncertainty. Perhaps you and your neighbor have different expectations in terms of boundary ownership.
A common type of boundary dispute is called technical causes. When you are embroiled in a technical boundary dispute, it means your neighbor’s deed indicates possession of the very same piece of land your deed says that you own.
So, how do you deal with boundary ownership disputes?
Understanding Boundary Disputes
Firstly, it’s important to ensure you have a complete understanding of the nature and cause of your particular dispute. You should seek a professional analysis of whether or not you are infringing on your neighbor’s property, or they on yours. It’s also a good idea to find out exactly how long the intrusion has been going on. Also, determine how much land is in dispute and whether or not permission was given for the encroachment.
Dealing with a Dispute
When a boundary dispute arises between neighbors in Florida, the key is to deal with it immediately. If you want to seek an amicable resolution, the first step is to have a meeting with your neighbor. Take along your supporting documents to help clear up the dispute.
The documents you’re likely to need include deeds, plat maps, property surveys, title insurance paperwork, and relevant materials.
Proceeding amicably helps with exchanging information, often clearing up misunderstandings in the process. This is also a good approach to avoid future conflict or litigation.
Should a meeting with our neighbor prove fruitless, get a professional report and seek help from a land surveyor.
Otherwise, you might need the assistance of a mediator should the surveyor’s report not solve your boundary ownership dispute. A mediator can give you and your neighbor a realistic picture of what could happen should you go to court.
Seeking Legal Assistance
While you can certainly resolve boundary disputes with minimal help, some situations require legal assistance. It’s important to seek an attorney’s help if the dispute is over a rather substantial piece of land.
Before you retain an attorney’s services, it’s important to realize that whether you win or lose your dispute, you’re still going to have to live next to your neighbor, and tensions could well arise.
What’s more, make sure you’ve used all possible negotiation tactics before taking your neighbor to court, which can be a costly exercise.
However, litigation sometimes is necessary, and perhaps might be your only option in your circumstances.
Two Kinds of Lawsuits for Boundary Disputes
There are two common types of lawsuits when it comes to resolving boundary ownership disputes.
Firstly, there is ejectment. Also called a continuing trespass action, here you ask the court to find your neighbor’s trespassed on your land and he or she must be ordered to stop doing so immediately. Your neighbor must also remove and structures or possessions off your land. If you can show the court the value of your property has diminished as a result of the trespassing, you might be awarded damages.
The second kind of lawsuit involves suing for a declaratory judgment. This involves the judge making a legal determination as to whom the land belongs. This is a much less litigious type of legal action as monetary damages aren’t part of the judgment.
A Few Things to Ask Your Attorney
- Does the title insurance policy cover the dispute?
- Could you win if your neighbor claims adverse possession?
- Is the case about the boundary line’s location, or is it more about usage and control of your property?
- What should you do while the dispute is pending a court case? How do you deal with your neighbor’s property encroachment in the meantime?
Your Neighbor’s Defense
If you choose to take legal action against your neighbor, you need to consider the possible defenses they could raise. There are several types of defenses used for boundary disputes.
Firstly, misread or incorrect facts, like the deed being incorrect. Secondly, the property has been purchased and is owned by adverse possession. Another defense may be that the property has an established easement that gives your neighbor the right to use it. Alternatively, the statute of limitations may have run out or you gave your neighbor permissions to use the property.
There is a lot of facts and legal considerations that need to be addressed to resolve a boundary ownership dispute in Florida.
If you require legal assistance, it’s time to get in touch with the expert team at Principal Law Firm.
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