What are some causes of boundary disputes?

On Behalf of | Oct 22, 2020 | Firm News |

You find what you believe to be the best property to set up your business. Everything seems to be in order and you go through with the purchase. However, a few days later, someone approaches you to contest your ownership to part of your new property. This problem does not happen to all property owners, but when it does, it could lead to litigation over who has the right to your land.

The problem of boundary disputes may happen even in spite of the background checks on a property that should be a part of any real estate transaction. The Motley Fool explains some reasons why boundary disputes occur.

Surveys taken from different surveyors

You might think a good land survey can eliminate any possibility of a land dispute. The problem is that a neighboring property owner may have used a different surveyor than you. As a result, your neighbor may have a land survey that encompasses some of your land. This could result in a standoff since each of you will likely feel confident in the results of your respective surveys.

Easement conflicts

A nearby property owner may claim an easement on your property. An easement means another party may use a section of your land although you retain overall ownership. For instance, if you have a neighbor who owns property behind you, your neighbor may claim the right to use a road that runs through your road to get to the property. If you do not feel a person has a legitimate easement, you might end up litigating the matter.

Overlooking property records

Before you buy a property for your business, you will likely have conducted due diligence on it with the help of legal professionals. Still, it is possible that the previous owner did not conduct all the necessary steps to clear the title before you bought it. Someone else might have a lien or claim to a part of the property and the previous owner did not clear it before you bought the land. The prior owner may also have given a deed to someone else but did not inform the deed holder of the upcoming sale to you.

A boundary dispute can end in a mutually negotiated agreement between the disputing parties, but it may also lead to demand letters, mediation, or court litigation. Checking out a property title as thoroughly as possible before you make a purchase may help to avoid these outcomes.


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