One Step Over The Line:Ā Property Line Disputes
When you moved into your new house, the neighbors were so friendly. You almost felt bad about putting up a fence, but you promised your dog heād have plenty of room to frolick when you finally owned your own little piece of land. So you did, and now those same neighbors are giving you the cold shoulder, along with a letter from their attorney.
What in the world caused them to turn from the nicest people youād ever meet to ice-in-their-veins cold? According to their lawyer (theyāre not speaking to you anymore), youāve encroached on their property with your fence.
Property Line Disputes: The Basics
Please note: the laws that revolve around property line disputes vary wildly from state to state, so this topic can only be addressed in broad strokes. Weāll give you a good place to start to understand why your neighbors are so angry, though.
All you wanted to do was build a fence. You thought the place you stuck it looked right ā it was kinda along the middle of the space between the two houses. You kind of figured that if you were off by a foot or two, it wouldnāt be that big of a deal. As it turns out, people get really touchy about a foot of land these days.
Whatās happened here is that youāve accidentally taken the first step to adverse possession of the neighbor in questionās land. This threatens to decrease their property value, since you could, in theory, become the legal owner of that land given enough time and effort. Of course, you didnāt mean to do it, but they canāt see that right now. Right now theyāre just angry.
What is Adverse Possession?
Adverse possession, as defined legally, is when a random person occupies your property in an open, hostile and continuous way. Breaking it down:
The open:Ā The occupant made no secret of being there. Theyāre not hiding or trying to be sneaky.
The hostile:Ā You didnāt tell this person it was ok to hang out, they didnāt seek your permission anyway, maybe they thought it was theirs or maybe they just didnāt care who owned the place.
The continuous:Ā The usurper is there for a long time without stop. In some states, this can be as little as about five years, in others, it might be 20. Itās important for affected owners to act fast if they donāt know which category their state is in.
By not having your property surveyed before putting up your fence, youāve done all of these things, though obviously not intentionally. But now that you know, itās time to do something to clear the air.
Some Solutions to Boundary Woes
In this scenario, youāre the accidental assailant, but it could just as easily happen in reverse, where youāre the one whose new neighbor built a fence that you werenāt happy about. Either way, the approach is similar.
Step 1. Talk to the neighbor.Ā If you did the encroaching, apologize profusely and throw yourself on the mercy of your neighbor. Explain that you didnāt realize you needed a survey or that you thought you were putting the fence in the right spot. Often people will surprise you with their ability to forgive if youāre willing to meet them part of the way.
Step 2. Figure out your options.Ā With the neighbors warmed up again, itās time to figure out how to solve the problem. You could simply have a survey, dig up the fence and move it to the proper location. But, letās say thatās currently cost-prohibitive, what with the recent house purchase and fence erection both taking up a lot of your free cash. To protect your neighborās rights, start with one of the following:
* A notarized letter granting you permission to use the land.Ā This way, youāre openly declaring that your intentions are not hostile and the owner is giving you permission to be on their land. You can leave your fence in place ā at least for now.
* A rental agreement.Ā By agreeing to a small rental fee (even as low as a few bucks a month), you immediately acknowledge that your fence is on the neighborās property. Should they want to sell their home, they could simply terminate the rental agreement and youād have to move the fence. It might be a good idea to stipulate a deadline for moving the fence just to protect everyone.
Whatever you choose, make sure to file a copy with your county recorder so that it becomes a public agreement. This will help your neighbor by creating a permanent record that any appraiser or title researcher could pull up later should the fence problem threaten to cloud their title.
What If You Canāt Come to Terms?
If youāre in the situation where the shoeās on the other foot ā your neighbor built his fence on your lot and you sent the letter from the attorney, then youāre the one thatās angry and frustrated at such ruthless behavior. Remember that it could have been a simple oversight, but definitely try to work it out with minimal bloodshed initially.
If, on the other hand, you went to chat with the neighbor and he told you he liked your lot and wanted to keep it for himself like some sort of real estate pirate, well, you canāt just leave it like that. You may have to take him to court to settle the issue (if you live in a planned neighborhood with an active HOA, they may have a mediation process in place to handle these problems).
In the weeks leading up to court, you may be given any or all of these options by the neighborās attorney as a settlement: sell your property, split the difference or give up and let the pirate win. Likely end results of these choices include:
Sell:Ā You lose a piece of property that could affect your real estate values. If itās a few inches, maybe itās not a big thing, but if itās several feet all the way down your 200-foot long lot line, it could be an issue. Consult with a Realtor or appraiser for more on the value impact, as well as how much compensation to seek.
Split the difference:Ā Youāre not admitting defeat, but itās still not the outcome youād hoped for. You still lose something, though not as much as you would have if you hadnāt gone to court. If the neighbor will pay you something for your loss, consider it.
Give up:Ā Donāt do this. Itās just like selling, except you donāt get any compensation for the property youāve lost.
Always consult with your lawyer before making a final decision on how to handle a property line dispute.
It Might Not Be Too Late to Avoid Troubleā¦
If that fence hasnāt gone up yet, itās not too late to avoid all this hassle by hiring a surveyor. Theyāll locate the pins planted at the corners of your lot and mark the line clearly, so both you and the neighbor know exactly where the boundary is located.
Donāt know a surveyor? Thatās ok because I have you covered! Just go to my recommended service providers located under the resources menu at the top of the page, and look for a surveyor (and a fence builder!) that can come by and ensure that youāre not going to have to have an unpleasant conversation down the road.
I hope this information has been helpful and will be useful to you.Ā I look forward to visiting with you soon and do not hesitate to contact me if I can help you with any of your real estate needs.
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