Resolving a Property Line Dispute

Property line disputes are commonplace among people who own real estate.  Sometimes, neighbors wish to use part of a piece of property that is beyond their property line and impedes on the property of another.  Other times, property owners wish to cut down branches from a tree that is growing from one side of a property line but hangs over the line onto another lot.  Although there are many different types of property line disputes, resolving a property line dispute is easier if you keep a few things in mind.

Adverse Possession

One of the most important things to keep in mind when resolving a property line dispute is adverse possession.  This legal doctrine holds that if an individual uses someone else’s property for long enough, that real estate can legally become the other person’s property.  In order to make a claim for adverse possession, the use of the property needs to be hostile, open, without consent, and satisfy other requirements.  In addition, the person needs to use the property for a set amount of time, usually ten or fifteen years, depending on the jurisdiction.

As a result, if a fence or other encroachment exists on your property, even by a few inches, it may make sense to take legal action.  If not, and the other party encroaches on property long enough, they can file a quiet title action to have the portion of the property encroached upon legal theirs.  Of course, there are many nuances to adverse possession, and there are a variety of doctrines that must be considered by an experienced attorney when making a determination about adverse possession.  Nevertheless, this legal doctrine should be a motivating factor for anyone who wishes to maintain control over property that is rightfully theirs.

Conduct a Survey

An important part of resolving a property line dispute is having access to a survey of the property.  A survey is conducted by a trained professional, who will use legal descriptions of a property and measurements to determine exactly where a property line lies.  Oftentimes, surveyors will place markers into the ground so that a semi-permanent measurement of the property line is visible to all.  In addition, surveyors also draw up surveys which illustrate the property and where a property line lies.  The survey usually also includes roads, structures, natural boundaries, and other features so that it is easy to tell where boundaries are.

A survey is important so that parties can actually determine if there has been an intrusion onto their property line.  In addition, a survey will be powerful evidence to others that an intrusion upon a property line has taken place.  It should be noted that surveys are frequently conducted when property is purchased, so parties should look for prior surveys that may have been conducted on their property to save the time and money of ordering a new survey.

Notify the Authorities

In certain instances, resolving a property line dispute might require parties to notify the authorities.  Sometimes, issues that neighbors have with property lines may implicate state or local laws.  For instance, it is oftentimes unlawful for neighbors to cut branches from trees growing on another’s property without their consent.  In addition, certain types of intrusions onto someone’s property may constitute trespass.  Depending on a variety of factors, this can run afoul of state laws or local ordinances.  Before notifying the authorities about a property line dispute, it is important to talk with counsel who is skilled at handling property line disputes.  Counsel can help frame the narrative given to authorities and help insulate parties from liability they may have as a result of notifying the authorities of a property line dispute.

Litigation

If a neighbor has been unreceptive to resolving a property line dispute, parties can take the matter to litigation.  Litigation is a major step, and with property line disputes, litigants normally need to prepare more papers than usual to initiate a lawsuit.  Since parties often need relief right away, and cannot wait the months or years for the litigation process to ensue, they usually ask for interim relief from a court ordering a party to cease activities, remove items from over a property line, or conduct other activities. This oftentimes requires that briefs and motion papers be drafted and filed at the beginning of a proceeding, and a hearing is usually held early on to resolve this request for interim relief.

Some types of property line disputes can be heard in landlord-tenant courts, housing courts, or other tribunals of limited jurisdiction that hear matters relating to real property.  This can help cut down on the time and expense of bringing a matter to litigation.  However, other types of matters in various jurisdictions need to be decided in the general trial courts of that state with the ordinary processes and procedures.  A skilled attorney should know where a property line dispute should be filed to ensure that a party has the best shot of success and can resolve a matter as cheaply and quickly as possible.

The Rothman Law Firm is experienced with resolving a property line dispute for clients facing many different types of situations. If you are looking for an experienced New York and New Jersey real estate lawyer to handle your property line dispute or other legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.