Boundary disputes can affect both commercial and residential properties. Typically, the owner of a property owns not only the building but also the land around it, or at least has legal access to some of the land around the building.
The ownership rights of property are outlined in the deeds. Boundary disputes occur when someone uses or possesses property that does not belong to them. Here are some of the more common types of boundary disputes.
Encroachment
Sometimes, neighbors do not agree on the precise boundary lines of their property. For example, two properties may be adjacent to a large plot of land without a fence. If a neighbor builds on land that does not belong to them, this is encroachment. This often occurs when a neighbor erects a fence that oversteps their actual property boundary.
One of the most effective ways to resolve such disputes is to commission a survey so that precise boundaries can be drawn up. The surveyor may need to assess historical deeds to determine exactly where each boundary should be drawn.
Easements
Easements allow non-owners legal access to certain property. One of the most common forms of easement is shared roads. For example, a shared road may provide access to numerous properties, despite the actual road having only one legal owner.
If the owner restricts access to the road, this can result in a boundary dispute. Again, all easements should be clearly outlined in the title deeds of the property. A surveyor should be able to identify lawful easements.
These are two of the most common forms of boundary disputes. If you are having issues with real estate, it is best to seek legal guidance to clarify your options.