Boundary disputes are more common than many landowners realize. Whether the deed descriptions are inaccurate, or a prior owner granted an easement that you were unaware of at purchase, these disputes can result in significant legal costs if not handled properly. While you should have a real estate attorney on hand, it’s usually best to avoid going to trial. If you’re in this situation, learn about the steps to resolving this conflict to maintain peace in your neighborhood.

Gather Documents & Information

The first thing to do when a boundary dispute arises is to gather all pertinent documents and information. If you had a land survey, appraisal, and title search completed when you purchased the home, those documents should be sufficient in helping you determine which party is encroaching on the other’s property and by how much.

If for any reason one or more of these weren’t completed prior to purchase, you’ll want to hire a professional to do the job (new surveys, appraisals, and title searches may also be required by the court if you go to trial). Although you may not need legal representation yet, you will want to consult with a real estate attorney at this time to review everything and determine whose claim is valid.

Calmly Talk to Your Neighbor

To avoid escalating the dispute to a lawsuit, start by having a calm conversation with your neighbor. If you think things might get too heated during an in-person discussion, try a phone call, text message, or email instead. Resolving boundary disputes outside of court is usually beneficial for both parties, as court costs can far exceed the value of the property in question.

Avoid getting an attorney involved at this stage, as that can make your neighbor defensive. Instead, simply outline the information obtained through your survey, appraisal, and title search, and explain how you’d like to resolve the situation. They may choose to collect their own information, so they can compare the results before deciding how to proceed.

Hire a Real Estate Attorney

If your neighbor refuses to have any discussions about the encroachment or refuses to negotiate a solution outside of court, it’s time to hire a real estate attorney. Your attorney can then send a demand letter to your neighbor requesting a resolution or settlement. If your neighbor still refuses to cooperate or settle, your attorney will prepare to go to trial.

Keep in mind, many courts require mediation before a trial, giving you another opportunity to settle the case outside court. An experienced real estate attorney will advise that it’s usually in everyone’s best interest to settle outside of court, as trial costs and legal fees usually cost much more than the piece of land in dispute.

If you’ve found yourself in the middle of a boundary dispute with a neighbor, get sound legal advice from an experienced attorney. Stuart R. Norman, Jr. is the trusted real estate attorney in Griswold, CT, with extensive knowledge of property law. He can help you settle these disputes to minimize your costs. Learn more online, or call (860) 376-0069 to schedule a consultation.