Property law can be extremely confusing and often hinges on minor details. When it comes to arguments over property, the cases literally can depend on a matter of inches.
There are many times when property lines are contested, and it’s important to be aware of what could happen. Did you know that property lines can change over time?
This could end up influencing property cases that go to court. This article will discuss when these lines can change and how they may affect you as a property owner.
What Is a Property Dispute?
A property dispute is a situation that includes two property owners battling in court over who has rights to a certain portion of land. These cases can include large parcels of land or smaller pieces, sometimes measured in feet or inches.
At certain times when a property is damaged or a portion of a building is erected over a property line, these cases are taken to court if owners can’t resolve them. The judge will make a decision, and in many cases, the losing party must pay for damage or ends up losing a small portion of their property.
Can Property Lines Change?
Property lines can change over time without a sale taking place. When this takes place, it’s usually the result of the situation described above.
When someone’s property is damaged because of a neighbor, the case goes to court. If the party who received the damage is victorious, the property line may be altered in favor of the plaintiff to compensate for any damage done to their land initially.
However, the precise boundary lines must be highlighted before any changes are made. This process includes the items below.
Outlining the Property
First, a surveyor must be scheduled to outline the property and give a precise report of where the boundary lines are. The survey’s report will include the following elements:
- A physical drawing or map of the property
- A detailed description of all of the surrounding properties
- Improvements that have been made to the property over time
When the surveyor performs the assessment and creates the report, they use the current deed as a guideline. This describes the original boundaries with location information regarding the land in question.
After completing the report, the land is marked with small flags, so both owners are aware of the boundaries. The surveyor takes the report to the court, and if it’s warranted, the judge may change the property line in favor of one party or the other.
If you have questionable property lines, the best course of action is to keep projects and new structures a few feet away. This can avoid any issues and save you a lot of headaches in the future.
Contact the professionals at Bell & Shah Law, we can help you navigate the process of your home’s property line and what the steps are to take in the future.
