Occasionally, neighbors who have long enjoyed an amicable relationship may suddenly find themselves arguing over a proposed fence installation or who has the responsibility to take care of a problem tree. Boundary disputes are a common issue in Florida.
Perhaps one property owner believes that the edge of a driveway is the boundary line, while the other uses a different landmark, such as a fence post. The conflict between the neighbors could make day-to-day life miserable and can endanger a homeowner’s most valuable resource.
How can property owners resolve boundary disputes with their neighbors?
Reviewing legal descriptions
Often, the first step toward resolving a disagreement about the edge of a property is to look at the deed. Deeds typically include a legal description that explicitly states where the edges of the property lie. Unfortunately, sometimes legal descriptions are full of confusing jargon. Other times, the legal descriptions for the two properties may seem to contradict one another. In such scenarios, county records could be useful.
Looking at plat maps
The county recorder’s office should have long-term deed records that could show that the legal description for one property changed without explanation at some point. That could explain a scenario in which the two legal descriptions contradict each other. There are also plat maps available that show the general outline of the individual parcels in an area, although those maps can be as difficult to analyze as complex legal descriptions. If reviewing county records and deeds isn’t enough, it may be necessary to bring in outside assistance.
Hiring a surveyor and/or lawyer
Surveyors are professionals who look at deeds, public records and the property itself to establish exactly where the boundary line falls. They then place markers that serve as an official record of the property’s boundary line. Unfortunately, there are cases where even after a surveyor looks at the property, neighbors still do not agree about the boundary line between their parcels. In such cases, real estate litigation may be necessary.
A lawyer can ask a judge to correct county records or to intervene and prevent one neighbor from continuing to ignore the boundary line, especially in cases involving construction or the removal of vegetation. It may even be possible to require that one owner remove or change the placement of a fence or other improvements that violate the boundary between the properties. Other times, boundary issues regarding a tree near the property line may result in a court order granting one party compensation for damage caused by the tree or permission to trim the tree to prevent it from causing hazards for the adjacent property owner.
Knowing how to respond to real estate disputes can help people preserve the best possible relationship with their neighbors. Even if the relationship suffers a setback, preserving the parcel of property is usually a priority in a situation involving a boundary disagreement.