By: Dustin Humphrey
It’s nice when neighbors get along, but unfortunately that’s not always the case. Conflicts between neighbors can make property ownership quite unpleasant. Our attorneys at Skeeters, Bennett, Wilson & Pike often see neighbors go to war over boundary and property line disputes. Here is some information you should know in case you find yourself in a property line dispute..
What exactly is a boundary dispute?
There are a few different types of boundary disputes that may arise. Sometimes, for example, neighbors may agree on the boundary, but dispute the property use, such as crossing the boundary when building or installing an improvement. Other times, neighbors disagree on the boundary itself due to issues such as conflicting property descriptions or changes in property ownership and interests based on use.
How can I find the property line?
We first suggest talking to your neighbor if you are unsure where the property line falls. A lot of times, this will open up the floor for friendly conversation. The two of you can look at the deeds to your properties and the most recent surveys you have. If you are still unsure, you can have a survey done.
What if my neighbor and I can’t agree on where the property line falls?
If you and your neighbor can’t agree over where the property line falls or you need more help in solving your issues, we suggest getting help from your lawyer. He or she can help determine the best course of action from that point forward, which may include preparing a boundary agreement and recording it in county records to clear up the matter for the future.
Do I need to file a lawsuit if the disagreement continues?
The attorneys at Skeeters, Bennett, Wilson & Pike do not suggest immediately filing a lawsuit. Just because you can’t agree with your neighbor initially, doesn’t mean that is the only solution left. A good lawyer will likely offer other options, short of going to court. Boundary dispute lawsuits can be expensive and difficult to win.
The attorneys at Skeeters, Bennett, Wilson & Pike truly believe that most disputes can be handled face-to-face before they get out of hand and require legal help. If you ever notice tension between you and your neighbor, we suggest speaking to him or her with friendliness. Then, if the conflict can’t be avoided, seek legal counsel.
Dustin joined the SBW&P team in 2010, coming to us from one of the oldest firms in Cincinnati. He earned his undergraduate degree from Bellarmine University, summa cum laude, and his law degree from the Salmon P. Chase College of Law at Northern Kentucky University, where he graduated cum laude. Dustin’s law practice includes personal injury law, medical malpractice law, business law including corporations, LLCs and business planning, real estate law, probate law, estate planning, employment law, and family law.