Lawyer Referral Service

LRS Blog

Posted by: Maricopa Lawyers on Apr 19, 2016

Boundary line disputes can be complicated, but it’s best to try to resolve them in a peaceful manner. After all, you do have to live next to them. So what’s the best way to try to keep a property dispute civil?

Know where your property line is

Before bringing the issue to your neighbor, find your settlement papers. They should contain a plat that will have a drawing that shows where your property line is. If you can’t find your settlement papers go to your city or state website and find your plat records online. You can usually download them for free.

Talk to your neighbor

Before taking any legal action, talk to your neighbor. Be friendly and assume it was an innocent mistake, they may not even know they are encroaching on your property. Make sure you bring proof of your boundary lines, this is when your plat records come in handy.

If your neighbor doesn’t agree that they are encroaching on your land after you’ve spoken to them, it may be time to take legal action.

brand new house with boundary dispute

Have your attorney write them a letter

A letter carries more weight and tells your neighbor to take you seriously. A letter is also good documentation of the property trespass. Make sure to include a description of the violation, a copy of your plat and your request to fix the situation. File it with your land records office.

Hire a mediator

Some communities have mediators that can help you and your neighbor work out the property dispute. They cost around $350 per hour, but are much cheaper than having to file a lawsuit.

File a lawsuit

Filing a lawsuit is expensive and usually not necessary. Try your best to work things out before it comes down to taking legal action. If it does come to that, file in in civil court and ask for the removal of the encroachment. This could take from months to years to be settled.