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Posted by: Maricopa Lawyers on Jan 29, 2016

It sounds like the plot of a sitcom episode, but it actually happens all the time across the country. Neighbors get into a heated argument over where a tree falls along the property line, or who has a right to build a fence in a specific spot. There are the basic ingredients of a boundary dispute that could eventually lead to legal action. Here’s some more details on what a boundary dispute entails.

When is a Boundary Dispute Likely to Happen?

There are several different ways that a boundary dispute can arise, and while it’s often assumed that a simple look at a deed should resolve the dispute, things can get a little more complicated than that. Deed descriptions of a property can be inaccurate, and sometimes, multiple deeds can convey the same portion of property to multiple owners. If you find yourself in a situation like this, your options for resolution can vary depending on the facts of the situation.

What to Do in a Boundary Dispute.

The first step is to gather the facts about the situation. A professional analysis can determine whether you’re encroaching on your neighbors’ property, or they’re encroaching on yours, how long this has gone on and how much land is being encroached upon. This professional analysis typically means the following:

  • A survey of the properties, where a licensed surveyor physically locates the boundary of your property based on the description contained in the legal deed.
  • An appraisal of the land in question, which will tell you the market value of the piece of property in question.
  • A full title search, where all recorded documents in the chain of ownership of your property are found.

In the event that legal action becomes part of the resolution, you’ll need these items. At this point, bringing this information to an attorney cen help you determine whether you have a valid claim and what steps to take if the dispute proceeds to the courtroom.