Posted on: 2 March 2015
When your neighbor decides that he or she wants to build something on your property, you might object to it. But then, your neighbor might make a claim that the portion of your property is actually his or her property and might then make a property boundary challenge. You might need a land survey and you may also need legal assistance.
Find Out if There is an Easement
First off, with an easement, your neighbor might have a legal right to encroach on some of your property. This could be something that is agreed upon by you or mandated by the government. If there is a recorded easement, there is nothing you can do about the encroachment unless you have the easement overturned. This is rarely done because easements are meant to be permanent.
Compare Deed Copies
Before hiring someone, you should first talk to your neighbor and compare deed copies. The deeds will help you determine where both of your properties begin and end. Just because you built a structure on a piece of land years ago doesn't mean that you actually encroached on your neighbor's property and that he can choose to have that structure taken down.
Land surveys should always be performed at the time of the land purchase to make sure that they are accurate. Also, these land surveys should be updated prior to erecting a fence or a similar structure.
Get Your Own Report
If you aren't sure about where your property begins and ends, you should contact your city clerk's office to request a land survey. However, if you are not certain you will be able to understand the land survey report, you should get in contact with a land surveyor that can read the report and explain it to you. These reports are very complex and designed for only trained land surveyors to understand.
Try to Reach an Agreement
If you would like to make the process more simplistic, another option is for you and your neighbor to simply agree to an object that will mark the boundary between your two properties. However, if you are not able to reach an agreement, you may need to go to court and possibly use a land surveyor.
Once the land surveyor has demonstrated that your neighbor is encroaching on your property, ask your neighbor to move all of his or her belongings. If your neighbor doesn't agree, you can attempt to resolve this dispute through mediation or you can take your neighbor to court. For more information, contact a company like Community Sciences Corporation.Share