If you are currently in a dispute with your neighbor about a property, then you are far from the only one. Unfortunately, disputes with neighbors and authorities are all too common for home and landowners, even if previously you were on good terms. There are various reasons why a dispute may arise; property boundaries may have contended, a deed description may be inaccurate, or there may even be a question over who actually owns the property.
No matter what the nature of the issue, you will need to take the right steps to resolve it favorably.
To help you find the best possible solution, here are some smart tips to help you out if you are dealing with a property dispute.
1. Gain Full Understanding of the Underlying Facts
The first thing you need to do when dealing with a property dispute is to understand exactly what the situation is. You won’t be able to file a complaint or win in court if it turns out the facts are not on your side. If there is a disagreement with a neighbor about where the boundaries of your property are situated, you need to find out why your neighbor believes they are right.
Perhaps the old owner told the neighbor the boundaries are where they think they are. Perhaps they even gave them the deed. It does sometimes happen that a new owner discovers an easement exists on their property that they didn’t know about before a dispute arose.
2. Take the Necessary Steps to Clear Up Any Confusion
To clear up the confusion you will need to get a licensed surveyor or another comparable expert to analyze the situation and work out who exactly is encroaching on the other person’s land. You may need to do a survey, an appraisal, and complete a full title search. The survey will physically identify the boundaries to check they are where you say they are. The appraisal will give you a market value for your property. The title search will locate every document pertaining to your property.
3. Hire an Experienced Attorney
Hiring an experienced attorney is very important because property disputes and property law, in general, can be very complex. A top real estate attorney will be able to examine all of the evidence from your survey, appraisal, and title search, speak to your neighbor and their legal representatives, and prepare your case for court. Most of us will have never been in a property dispute before but your attorney will have dealt with hundreds of similar cases. Let them take care of everything rather than you getting into a personal feud with people you need to live next door to for the next few years.
4. Try to Find an Agreement with Your Neighbor
If the disputed land and its value are small, it may be a lot easier for everyone involved to try and find an out-of-court arrangement. This can save both you and your neighbor time and money as you won’t need to go to court to have the dispute settled. Even if you are 100% sure that you’re in the right, for the sake of an easy life and good relations with your neighbors, this is often the best solution. If you are already on friendly terms with your neighbor, see if there is some kind of compromise that can be made over the position of the boundary that suits everybody.
5. Have Your Attorney Send a Demand Letter
If no agreement can be made, you will need to have your attorney send a demand letter to your neighbor. This will explain your side of the argument, request action, and may also contain a potential settlement offer. Your neighbor will then most likely pass this letter onto their own attorney to check and advise them on their best options.
6. File the Complaint
Finally, if all else fails, you will need to file a complaint. This will take a lot of time and paperwork and is far simpler if you just leave it to your attorneys. Remember that a settlement may still be on the cards even as you are preparing the case for court so try and keep relations civil with the other party. Most people choose a “quiet file”, where both sides submit their evidence to the court and leave it to the authorities to make the final decision about who in fact owns the disputed land.
Nobody wants to have a bad relationship with our neighbors but property disputes are one of the major causes of fallouts. If you are in a disagreement with your neighbor, try and see if there is some amicable out-of-court settlement that can be reached, and if not, try and maintain a friendly relationship while leaving it to the legal authorities to work out.
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