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How Real Estate Lawyers Help Resolve Boundary Conflicts

  • Published: September 27, 2023
Real Estate Litigation Lawyer Washington, D.C.

Property line disputes can be contentious and complex legal matters that often require the expertise of a real estate lawyer. These disputes can arise for various reasons, including boundary inaccuracies, encroachments, adverse possession claims, or disagreements between neighboring property owners. A lawyer can help resolve property line disputes.

  1. Property Title Examination: One of the initial steps a lawyer takes is to thoroughly examine the property titles and deeds of both parties involved in the dispute. This examination helps determine the legal boundaries of each property and identify any potential discrepancies.
  2. Survey Analysis: These lawyers work closely with professional surveyors to conduct property surveys or review existing survey reports. Accurate survey data is crucial in determining the precise location of property boundaries and resolving any discrepancies or encroachments.
  3. Legal Research: Real estate lawyers research local zoning laws, land use regulations, and property records to understand the legal framework governing the disputed property. This research helps them assess whether any zoning or land use regulations affect the dispute.
  4. Mediation and Negotiation: Often, property line disputes can be resolved through negotiation or mediation without going to court. Real estate lawyers can represent their clients during these discussions, working to find mutually acceptable solutions, such as boundary adjustments or shared easements.
  5. Boundary Agreements: In some cases, the parties may agree to enter into a boundary agreement that legally defines the property lines and any shared rights or responsibilities. An experienced real estate litigation lawyer, can draft, review, and facilitate the execution of such agreements.
  6. Adverse Possession Claims: If one party claims adverse possession (the legal right to use another’s land as their own), a real estate lawyer can evaluate the validity of the claim and represent the client’s interests in court if necessary.
  7. Litigation Representation: When disputes cannot be resolved through negotiation or mediation, a real estate lawyer can initiate or defend against lawsuits related to property line disputes. They will present the evidence, legal arguments, and case law to support their client’s position.
  8. Expert Witnesses: Real estate lawyers often work with expert witnesses, such as land surveyors, appraisers, and title experts, to provide testimony and strengthen their client’s case in court.
  9. Title Insurance Claims: If the dispute involves title insurance, a real estate lawyer from an office, like our friends at Eric Siegel Law, can help file and manage claims with the title insurance company to seek compensation for any losses incurred due to property boundary issues.
  10. Resolution Enforcement: Once a property line dispute is resolved, the real estate lawyer can help ensure the terms of any agreements or court orders are enforced, preventing future disputes.

A real estate lawyer plays a pivotal role in helping property owners navigate and resolve property line disputes. Their expertise in property law, title examination, negotiation, and litigation can be invaluable in finding fair and legally sound solutions to these complex and often emotionally charged disputes. By enlisting the services of a qualified lawyer, individuals involved in property line disputes can protect their rights, property interests, and investments while working toward an equitable resolution. Reach out to schedule an appointment with your local lawyer today. 

September Katje, Esq.

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What Makes Attorney September Katje Uniquely Qualified To Represent You?

Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.

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