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Posted by: Maricopa Lawyers on Aug 25, 2016

Boundary disputes are a common issue that landowners have to deal with. These disputes typically arise when descriptions on the deed are inaccurate, when one neighbor has been occupying land long enough to claim ownership even though the land is not technically theirs, or when multiple unrecorded deeds convey the same property to different people. This article explains how to best handle a boundary dispute.

Understanding your boundary dispute

Before taking any action on your boundary dispute, you should fully understand the cause and nature of the dispute. You should get a professional analysis on who’s encroaching on whose property, how much land is being encroached upon, how much property it is, and whether permission was ever given to encroach on the property.

Some other helpful information you may want to get is information about your and your neighbor’s property like a survey, appraisal and full title search. You may have had these done when you bought the property. If you did, you can use them instead of having to pay to have it redone.

Settling the dispute with your neighbor

Talk to your neighbor
Your boundary dispute may be as simple as a conversation with your neighbor. Try talking to your neighbor before rushing to court. Maybe it’s just a misunderstanding that can be resolved with a mutual agreement.

Send your neighbor a letter
If a discussion with your neighbor was not productive, send a letter from your attorney to your neighbor explaining the situation and and requesting action or a reasonable offer to settle to resolve the matters. A letter from your attorney will let your neighbor know you’re serious and will hopefully cause them to try to resolve the matter without going to court.

File a complaint with the circuit court
If you aren’t getting results from a discussion or letter, it may be time to file a complaint with the circuit court. This way the court will consider all of your evidence and arguments and decide who legally owns the land.