Read More – Boundary Line Disputes
Read More – Boundary Line Disputes
Often, the real estate property boundaries as written and recorded in legal documents or surveys do not match the property boundaries actually used and observed by owners of the property and owners of neighboring properties. For example, the natural lay of the land or the growth of foliage around the boundary line could obscure the true and legal boundaries of the real estate. Another example is when a property owner decides to build a fence on his property line, but fails to build it within the boundary lines recorded in the legal documents, resulting in the fence actually being built on neighboring properties.
As one can imagine, problems frequently arise when parties observe the “property lines” as determined by use and repeated conduct, rather than as recorded in legal documents. In turn, the patterns of conduct of the parties can affect a change of the property boundaries under the law. Generally, there are two ways that parties can affect a change in property boundary lines. For one, adjoining landowners can effect a legal change of the property boundaries through acquiescence. While simply agreeing to the adjustment of boundary lines and setting forth the terms of such an agreement is the optimal process, real estate boundary changes can also occur through force. Two examples of this are eminent domain (condemnation) and adverse possession. While the eminent domain power is exercised by a governmental agency and requires notice and other procedures, adverse possession of your property by a neighbor or other private party can effectuate a boundary change and a change in legal title simply through open, continuous possession for a specified time period.
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