Owning land can be incredibly beneficial to individuals in the United States, as property can function as both an investment in the future and as a place to call home. Additionally, some properties can have business functionality such as a center of operations, warehouses, and more. However, due to the growing number of landowners and imprecise paperwork, there is always the risk of complications and conflict with property ownership.
Boundary disputes are common when the details in property deeds conflict, or when another party begins tampering with or building on another individual’s property. The key issue often boils down to property lines. If each landowner’s deeds list different property lines, or if one or both property deeds are not clear about property lines, a boundary dispute may arise as a result.
Understanding the legal implications of property deed contracts and other specifications may help resolve boundary disputes favorably. For more information, consider speaking with a skilled North Carolina or South Carolina civil dispute lawyer from King Law Offices by calling the office at (888) 748-KING.
Common Causes of Boundary Disputes
Boundary disputes can arise over a multitude of issues, and the nature of the dispute may impact how the issue is navigated. Naturally, boundary disputes occur when two individuals disagree on the specifications of their property lines. This could result from a miscommunication, unclear or erroneous paperwork, or other complications. However, there are many different ways that an individual’s property lines could be violated.
Encroachment
Encroachment is when a neighbor begins to build across a property line or allows natural features of their property to grow across property lines. Some examples of encroachment include building a fence on the wrong side of property lines, allowing large or potentially dangerous tree branches to extend over property lines, building extensions, or retaining walls. Many times, encroachment occurs accidentally because the neighbor was unaware of the property lines.
Easement
Another potential border dispute over property lines is easement. Easement is the access of other parties to an individual’s property. This is a legal agreement that may be connected directly to a property. For example, an easement could allow utility companies access to a property to maintain their equipment, or it could allow a neighbor to cut through one’s property as a shortcut. Releasing an easement can be difficult to do, as many easements are included as a part of the property agreement and may not be straightforward to renegotiate.
Trespassing
While they may appear similar, trespassing is entirely different from an easement. An easement is justified by a legal contract, while trespassing is not. Trespassing may include crossing through an individual’s property, hunting or fishing on another’s property, harvesting crops or picking fruit, or others. However, a prior easement could provide protection for individuals crossing through property.
Adverse Possession
Often called squatter’s rights, adverse possession is the act of modifying or gaining possession of property without the owner’s consent. Building property on another person’s land or otherwise asserting ownership over that land could be considered adverse possession. In South Carolina, according to Scholar Commons, adverse possession is defined by an intent to dispossess the adjoining landowner. Adverse possession does not occur due to failure to understand the property lines. Failing to address adverse possession in the early stages could lead to greater conflicts later on.
For more detailed information on boundary disputes and property lines, consider speaking with a skilled North Carolina and South Carolina border dispute attorney from King Law Offices.
Navigating Boundary Disputes Over Property Lines
For those in the middle of boundary disputes, negotiating and navigating with both firmness and clarity can help avoid more serious complications. Many boundary disputes over property lines are simply errors in communication, which means that effective communication can help avoid further issues and could lead to a favorable resolution.
Open Communication With the Neighbor
The first step in addressing boundary disputes is clear and open communication with the neighbor. Most violations of property lines are accidental, so being able to talk without casting blame or inflaming tensions could help resolve a dispute quickly and amicably. Talking through issues is often the most optimal way to resolve border disputes, and depending on circumstances it may be simple to come to an agreement.
Proving with Documentation
However, if open communication does not solve these problems, additional documentation may be required. Survey information of the area may be helpful in backing up claims, as well as property deed information and more. Validating one’s own claims with a property deed or warranty deed may help substantiate a claim.
Cease and Desist Letters
If documentation and proof still does not resolve the border dispute over the property line, the property owner may benefit from sending a cease and desist letter. Cease and desist letters are a clear and formal method of presenting complaints and grievances with another party. These are valuable if further legal action is required, as it helps to ensure that the neighbor clearly understands your intent and grievances.
Acquiring Legal Assistance
If the property lines are still disputed after these steps, legal counsel may be advisable. A skilled attorney may be able to help build a case for rightful ownership by collecting evidence and documents, collecting witness testimonies, and more. Additionally, an attorney can help evaluate cases to show which strategies might be beneficial in court and which to avoid. Court experience may also give boundary dispute attorneys an edge, as they know what to expect from the process.
Going to Court
In court, an attorney may be able to help advocate for your rights before a judge. There are several potential outcomes of a border dispute case. For example, in North Carolina the court may call for an official survey of the disputed property lines to evaluate the property lines and act as a witness in court, according to N.C. Gen. Stat. § 38-1.
Contact a Skilled Boundary Dispute Attorney Today
Property lines are often small things, but they can become incredibly divisive in certain circumstances. Understanding how property lines function in border disputes can help landowners overcome these challenges and fully enjoy their property. Consider speaking with a skilled North Carolina and South Carolina border dispute attorney from King Law Offices to learn more about border disputes and property lines. Schedule an initial consultation today by calling the office at (888) 748-KING.