Having a border or boundary dispute with your neighbor? Is your neighbor using property which you believe is actually yours? Is your neighbor planning on building a fence or other structure and you’re concerned that it may be placed on your property?
Border and boundary disputes are fairly common between neighbors because there rarely is a visible line that we can see separating our property from that of our neighbor’s and visible border indicators (e.g. stakes, fences, etc.) may no longer exist, or may not be in the correct location. For reasons outlined in this section, property owners should seek the assistance of an attorney in any border or boundary dispute.
First, border and boundary disputes may lead to claims of Adverse Possession, which, if successful, results in one party losing land to the other. These cases are often complicated and require qualified legal representation.
Second, border and boundary disputes may lead to a loss of property through a legal principle called Boundary By Practical Location (BBPL). As with Adverse Possession cases, cases involving Boundary By Practical Location (BBPL) are complicated and require qualified legal representation.
Finally, border and boundary disputes more often than not involve references to land surveys, which are often very old (sometimes going back into the 1800’s). As a result, working with land surveys requires some expertise in order to decipher your property rights.