How to Solve Land Surveying Issues with Neighbors
One of the first and most crucial tasks when considering to buy or build a new home is to have a land survey conducted. If you don’t do this, you may encounter a slew of problems in your new home down the line.
When surveying your property, it is important to be aware of potential issues with your neighbors.
Surveyors must take into account the location of boundaries, rights-of-way, and any other relevant information when completing a survey.
If you are unaware of your neighbor’s property boundaries, you may end up trespassing on their land, or worse, building something that encroaches on their property. It is also important to be aware of any easements or rights-of-way that may exist on your property.
An easement grants another party the right to use a portion of your land for a specific purpose. For example, a utility company may have an easement to access your property in order to maintain your gas or water lines.
Another easement may be granted by a municipality in order to build sidewalks and roads, or to construct a highway.
This right-of-way may not allow another person or company access to the property you are surveying, but if a company such as railroad companies has an easement over your property, they may want to run a train through your yard.
It is critical to respect these geographical boundaries, however, there are times when they are crossed.
There will be occasions when you discover that a neighbor has property on your side of the border line, whether deliberate or unintentional. If this occurs, you should contact a qualified and certified land surveyor.
For a variety of reasons, two nearby landowners may occasionally disagree about property boundary clashes.
Why do land boundaries occasionally clash? Often, boundary conflicts develop when two landlords are led to claim the same area by ambiguous legal specifications.
In reality, the acts in question may describe the same region, or the ambiguous wording in the description may lead every proprietor to feel that the land is his or her.
Many of these examples occurred in the early days of the United States, particularly when the land was granted by officials of European nations who did not visit North America and relied on incorrect maps.
Furthermore, earlier border survey methods relied on markers such as trees, which were prone to shifting over time.
On the basis of today’s geographical reality, it may be difficult or impossible to comprehend such land descriptions.
Boundary conflicts arise in certain circumstances merely because the legal borders were not verified before to construction.
That is why, before any structure is built, a boundary survey is essential, especially if its location is close to the legal property line. Knowing where the borders of your land are will lessen the likelihood of future conflict.
Difficult neighbors might, of course, ignore surveys for their own objectives, but the legal limit is critical to a survey conducted by a professional land surveyor.
If a boundary is disputed for any reason, the survey could be a significant tool for negotiation or mediation to define an agreed-upon borderline between two pieces of land and resolve the disagreement.
What Is a Dispute Over Property Lines?
Property line disagreements can occur when two parties disagree about where one property stops and the other begins. When looking at a plot of land, property lines aren’t always obvious.
They may be unmarked, and the only record of them may be in the local county assessor’s office or the property records. There are two types of property line infractions that can lead to a dispute. These are the following:
Trespassing occurs when someone is aware that they are on your property yet continues to do what they are doing. This is common when members of the public traverse rural area for hiking or hunting.
The key distinction with trespassing is that they should be aware that they are on your property but choose to continue despite.
Encroaching occurs when a neighbor (often unknowingly) constructs a structure or allows a natural feature to creep into your property boundary.
It could be that they are beginning to erect a fence that is afoot more into your property line than it should be, or that an unmanaged tree branch from their yard is hanging over your house.
Encroachment may be a simple fix as a result of telling your neighbor, or it may become a major headache. However, if you do not resolve an encroachment issue in a timely manner, it may become an easement on your land.
Resolution of Land Disputes
There are various approaches you can take to begin resolving your property line dispute, and keeping things peaceful will be your best option in getting things resolved.
Talk about it.
Having a conversation with your neighbors about a property boundary may be a difficult topic to bring up, regardless of your relationship.
To avoid costly construction, it is best to bring up any property line conflicts politely and as soon as feasible. It may be as simple as giving them the proper boundary and describing the end of their property to resolve a property dispute (having a map can help with this).
If there is tension or an escalating conflict, it is better to try to reach an agreement with a mediator (such as a surveyor) to avoid going to court.
Deed of Quit Claim
If you and your neighbor have agreed on the property and recognize that there have been disagreements, and you need to transfer property to the other, you can do so with a quit deed claim.
If you or a neighbor has a mortgage, this may not be the best option. Some lenders refuse to participate, but others include a loan clause that requires a landowner to pay the full debt when a borrower transfers a minor percentage of interest in the mortgage to another person.
Erect fences or signage.
If you are a landowner who is having trespassing issues, the best thing you can do is clearly label your property with no trespassing signs or private property signs.
These signs can be all you need to dissuade foot traffic or trespassers on your property, especially if a fine is attached.
You can always build a fence to keep trespassers and vehicles out and safeguard your property boundaries.
This will clearly communicate your property border, eliminating any confusion in the scenario. However, make certain that you are not intruding on any other people’s land.
Make use of an attorney.
If you are unclear what to say to your neighbor, seek the advice of a real estate attorney who can advise you on what to say and what not to say.
Allow them to review your survey and provide you with any and all legal choices. If you are still uneasy, seek the assistance of a mediation agency if one is available in your area.
Collaborate on Shared Fences
It is the obligation of both you and your neighbor to maintain a fence that is correctly situated on the property border.
Maintenance and repair costs are among these obligations. The fence may not be demolished unless both parties agree.
Look Up Your Title
If you are in a disagreement with your neighbor, you should undertake a title search to determine the legal ownership boundaries.
If you find that the property line is incorrect, then you may want to seek legal assistance from a real estate attorney or surveyor.
If you don’t already have a professional surveyor, contact them and ask how much does it cost for boundary survey and what is the time frame.
Property lines are very important in defining your land ownership and limits of liability. You will conduct a title search in public records to determine legal ownership, which should allow you to prove who is correct in the property dispute.
Depending on where you live, title searches might cost up to $200.
Engage the Services of a Land Surveyor
Hiring a professional land surveyor is generally the best option for completely defining property lines. If you are uncertain of the exact location of your property line, a surveyor can help determine the line.
This might be more costly than trying to resolve the issue yourself, but it is worth it in order to avoid future confusion and conflict.
Incorporate A Property Line Agreement into Your Sale
A property line agreement can be used as part of a purchase contract. If you have a boundary dispute and the surveyor has determined a new property line, it is an easy matter to include the survey result in your contract.
If your neighbor does not agree with your addition to the title, they may sue in order to obtain their own unlawful property boundary. Be careful of this potential outcome when drafting a property contract.
Involve the Authorities
In the most extreme circumstances, you may have a neighbor who flatly refuses to respect the property borders depicted by the land survey. In this rare circumstance, do not try to take matters into your own hands. Instead, call the cops for a speedy and safe solution.
Property disputes can be tricky and sometimes hazardous. It is best to resolve these conflicts while they are still minor issues or before they become major conflicts.
The best way to resolve your property line dispute is to talk with your neighbor.
This should be done as soon as feasible. If you are having a difficult time resolving the issue, make use of an attorney or surveyor to help you in resolving the conflict. You can also find out what does property boundary survey mean, you can search online and watch videos on it
What are some of the most common land surveying issues with neighbors?
If you’re like most people, you probably think of land surveying as a technical process that happens out of sight and out of mind. You may not realize that land surveying can often be a contentious issue with neighbors. Here are some of the most common land surveying issues with neighbors:
One of the most common land surveying issues with neighbors is disagreements over property lines. This can often lead to disagreements over who is responsible for maintaining a particular piece of property.
Property lines are clearly defined on a professional land survey map. Once they are drawn, it’s difficult for people to dispute them because they have been established through a professional process.
Fences can often be a source of contention between neighbors, and disputes over fences can often be resolved by a land surveyor.
Another common land surveying issue between neighbors is disputes over whether water is draining into neighbors’ yards.
If your neighbor did not have a land survey performed, he may be unaware of the property lines, especially if he purchased the home from an estate. This could lead to disagreements over fences and drainage issues.
How do I deal with neighbors encroaching on my property?
- Speak With Your Neighbors. This is the initial phase.
- Install signs and/or fences. If you reside in a location with a lot of open lands, putting up signs to prevent trespassers can be beneficial.
- Perform a title search.
- Get a certified Land Surveyor.
- Hire a lawyer.
- How to define a property line
- You will have to consult with a professional surveyor.
How can I limit my property line responsibilities?
By signing a survey deed, you can make certain that the property is properly defined. This will also provide specific information about the boundary.
Whom do I contact if I have boundary disputes?
You will need to speak with your neighbors or a professional land surveyor.
How long does a survey take?
Anywhere from a day to a few months.
How much will it cost?
It depends on where you live, but you can expect to pay anything between $100 and $2,000.
Can I have fence building services if I have a dispute?
Yes, you can. It is best to hire a professional fence designer.
Can a survey be challenged?
If you have any issues or disagree with the conclusions of a property survey, you should consult with a real estate lawyer.
An experienced property lawyer near you can help you decide whether to oppose the report’s findings. In addition, the attorney can represent you at mediation, hearings, or trial.
How can land encroachment be prevented?
When you build a fence, keep it in proportion to the size of your property. If your neighbor’s fence is too close to your property line, it can cause disputes.
To avoid this type of conflict, you should measure the distance between the bottom of your fence and the actual property line prior to building. This way, you will be able to establish where exactly the border lies.
Employ a local lawyer to keep an eye on and handle the property. The most important thing is to try resolving your dispute with a neighbor peacefully.
What are the 4 types of boundary disputes?
The majority of these disagreements can be divided into four categories:
- Disputes over lot lines
- Disputes over fences, landscaping, and outbuildings
- Access controversies
- Claims of adverse possession
How do I prove encroachment?
Documents such as the title deed, mutation, revenue records, a copy of the will, power bills, telephone bills, water bills, and the original purchase agreement of the property are required to establish your legal ownership.
How do you legally change property lines?
- Talk to your neighbor about purchasing enough more property to relocate the boundary line to the desired position.
- Make a boundary line agreement.
- In order to establish the property borders, you must file a court action.
- You can contact the real estate lawyer near you to learn more.
What can a surveyor tell me about my property line?
Surveyors are experts in determining property lines. They are able to determine the exact location of your property, as well as its boundaries.
What happens when someone encroaches on your property?
If you and your neighbor decide to keep the encroachment, you may want to consider providing them written permission to use your land.
This can help to avoid a later allegation of adverse possession. If everything else fails, going to court may be necessary to remove an encroachment.
Is there a time limit on boundary disputes?
The majority of cases have a twelve-year statute of limitations.
What is a positional boundary?
Dispute over definitional boundaries Disagreement about the terminology of the border agreement in a treaty or boundary contract. Dispute about positional boundaries Disagreement on the precise location of a boundary.
How close to my property line can my neighbor build?
The exact amount a building must be placed back from the property line varies by region. However, the needed setback on the side is normally between 5 and 10 feet, while the front and back require at least 10 to 20 feet.
Can my Neighbor build right to my boundary?
In general, your neighbor has the right to build only up to the boundary line (line of junction) between the two properties, but there are some exceptions where they can legitimately build on your land.
You can offer them permission to build a new party wall and foundations on your property.