Owning real estate is one of the largest purchases that most people make in their lives. So, it is no surprise that they passionately defend their property when there is a perceived threat. There are many reasons that landowners may find themselves in a dispute. These are the most common types of landowner disputes, from boundaries to easements and zoning.
Boundaries
One of the most common landowner disputes is over boundary lines. This is the perimeter line that outlines each real estate parcel. When you purchase real estate, a surveyor will inspect the property and mark out on a map where the boundary lines are. Unfortunately, mistakes happen. This results in neighboring property owners disputing over boundaries.
There could also be trespass claims if a property owner thinks the other is coming onto their land. While the other owner may think they are still on their property.
Title
Disputes over title concern who is the rightful and legal landowner. When you purchase a piece of real estate, you have a title company search to determine if there are any potential claims of ownership. If nothing is found, you are cleared to complete the purchase.
If someone claims ownership, they must produce evidence validating their claim. You will then present your arguments in front of a judge who will determine the rightful owner.
Easement and Right-of-Way
One Hillsborough County property owner found out the hard way that your neighbors may have a legal right to use your property. After careful records review, a judge determined that the property owner could not prevent his neighbors from using the easement to access their property. An easement is the right to cross or use another’s property for a specific purpose.
Without easement rights, the property owner could make trespass and nuisance claims. This type of dispute typically arises when a new property owner acquires real estate. They are unaware of the easement and attempt to prevent others from using the property. There are two ways easements can get established. The first is with legal documentation, and the other is through long-term consistent use.
Landlord-Tenant
Being a landlord and renting your property to a tenant could be lucrative. If your tenant pays their rent, you could have a nice amount of passive income every month. However, there are risks with being a landlord. If your tenant becomes problematic, it could result in high costs that detract from your potential profits. The most common issues are tenant-caused damages. You may need to pursue legal recourse to protect your real estate investment. Injunctions and then the pursuit of compensation for damages caused by the tenant.
Co-Ownership
If you own property with another individual, landowner disputes can arise between the owners. These disputes can look like many different things. For example, it could be a contractual dispute where one owner didn’t fulfill their part of an agreement. There could also be disputes among a married couple that jointly bought their home together. Another dispute could occur when multiple family members inherit real estate during probate. Multiple family members may have differing ideas about what to do with the property. With everyone having an ownership claim, they each have a rightful say in what happens.
Zoning and Land Use
Zoning laws dictate how property can be used by its owners. This ensures continuity with the layout of a city, town, or municipality. Examples include land zoned for residential, commercial, industrial, or farming. There are also subcategories within these primary classifications.
If you decide to ignore the local zoning laws, you could find yourself in trouble with the local government. As the landowner, you could face injections and damages claims.
Find a Resolution to Your Landowner Dispute
If you find yourself in a landowner dispute over boundaries or another issue, your first approach is to have a conversation. The simplest resolution is one that you can come to by talking with the other party. When this doesn’t work, you may need legal assistance. Your lawyer can then guide you through negotiation, mediation, or arbitration. When that doesn’t work, you may need to pursue litigation.
Schedule a consultation with one of our experienced lawyers if you are having a landowner dispute with one of your neighbors.
