Boundary disputes between neighbors can have a variety of negative consequences. Obviously, disputes can sour the relationship between people who may have previously been friendly.
Additionally, boundary disputes can lead to claims that might diminish the size of one person’s parcel and therefore the value of their property. Individuals facing a significant boundary dispute with a neighbor may need to take the matter to court to have a judge resolve the conflict.
What relief can judges offer in cases where neighbors dispute the boundary placement between parcels?
Judges can settle the disagreement
Judges can review survey reports, legal descriptions from deeds and current property records to validate where the boundary between two parcels actually falls. Their assessment of the situation can result in corrections to inaccurate or outdated paperwork and may prevent future owners from continuing the disagreement.
Judges can prevent or address incursions
Civil court judges have the authority to address improvements that may cross boundary lines. For example, they could issue an injunction preventing one neighbor from erecting a planned fence or paving a driveway if the planned project crosses the actual boundary between the two parcels. They also potentially have the authority to issue an order requiring the removal of improvements that cross the boundary and infringe on a neighbor’s rights by limiting their use of or access to part of their parcel.
Property owners dealing with a neighborly dispute may need assistance as they prepare for real estate litigation. Working with an attorney can help property owners gather the evidence they need and present the situation more effectively in civil court.