How to Determine Property Lines: A Comprehensive Guide

While it's not uncommon for neighbors to disagree on the exact location of their property lines, there are clear steps and solutions that can help resolve such disputes. This guide provides a detailed look at what happens when two neighbors cannot agree on the precise boundaries of their properties.

Engaging a Surveyor

Without a current survey of the land, the property line location can be ambiguous. If neither neighbor has a current and reliable survey of the land, they will only have input into the precise location of the property line after they engage a licensed and certified surveyor to perform a 'boundary survey.' This survey includes any easements and/or rights of way, providing a clear and accurate representation of the property boundary.

Once the survey is completed and registered with the county, the neighbors can be confident about the exact location of the property line. This formal documentation makes the boundaries clear and lessens the likelihood of future disputes.

Moving or Altering the Property Line

In some cases, property owners may not be satisfied with the outcome of the survey. If this happens, they can negotiate to move or alter the property line location. This process can be achieved through mutual agreement or by 'selling' the disputed part of one or both properties. Once the new boundaries are agreed upon, the title company can assist with the transfer of ownership to the newly defined location.

Both neighbors should avoid any 'handshake' deals on the precise location of the line. Title searches and title insurance policies are crucial in such situations as they protect against future claims related to the property line, ensuring that the agreed-upon boundaries are legally defined and secure.

Legal Disputes and the Role of Attorneys

When neighbors cannot agree on the property line and negotiations fail, legal disputes can arise. At this point, attorneys become involved, and the costs to resolve the issue significantly increase. If a legal case is filed, anupdated survey will be required to define the newly altered boundary. This updated survey should be included in the title policy to prevent any future disputes over the exact location of the boundary.

There are professionals who specialize in providing these services. Surveyors are the ones who conduct the surveys, and these surveys are legally recognized and enforceable. Neighbors do not have to agree on the exact location of the boundary; however, it is important to have well-documented evidence of the actual boundary which likely already exists in county records.

Conclusion

Determining property lines can be a complex process, but with clear steps and the involvement of professionals, disputes can be resolved efficiently and effectively. Understanding the role of surveyors, the importance of legal documentation, and the potential for legal disputes are crucial in maintaining harmonious and well-defined property boundaries.