Even if you don`t have a mortgage, you may want to hire a lawyer to create the property descriptions in the deed, or simply review your work when creating yours with Mary Randolph`s The Deeds Book (Nolo Press). It can be worth spending money on this small service to avoid confusion later. Whenever a neighbor starts building on what you think is your property, come for a conversation and find out what`s going on. Most likely, a mistake was made. There may be a contradictory description in fact of the neighbor or just a false assumption on the line. You may even find that none of you really know where the border is. You may want to make your own agreement across a border or hire a surveyor to find the existing one. (See Defining Dangerous Boundary Lines above.) Most of us don`t know where the exact boundaries of our property are, and many of us don`t care. If we have not measured ownership, we can only go out and physically touch the boundary of what belongs to us if permanent marks are described in an act, such as in a tree or stone monument.
And even if a permanent marker can be located, the boundary may not be in a straight line. Through a series of deeds, the Tankersly estate is now owned by Hughes and the Talley property is now owned by the Eggemeyers. The Eggemeyers` document contained a reference to the disputed area. If your property line adjustment results in a change in the size of a particular property, your municipality should factor that change into its tax assessment. Agreed dividing lines are dividing lines that are not necessarily designated by documents other than an agreement between owners. In some cases, these types of disputes can be resolved by owners expressly agreeing to designate a line. Border disputes are likely if a neighbor moves away. Disputes over property boundaries can be further complicated by the involvement of local or local governments. Municipal boards or agencies are often responsible for setting boundaries based on historical use and local resources, as well as other factors. If the municipality interferes with the right of residence, this could lead to legal action against the municipality.
You may want to build on the plot and need to adjust your property boundaries to meet setback requirements or create a better design. If you and your neighbor enter into such a written agreement, use the exact descriptions of the properties included in your deeds. Make sure all owners sign the agreement. Have it notarized and make copies to keep it with your deeds. It is always best to try to contact the person first to see if it is possible to resolve the dispute. It is important for a person to engage a lawyer in a real estate dispute as soon as possible. A lawyer will collect the documents necessary for the prosecution, including the deed. The deed contains the boundaries of the property. You`ll also see the Flat map for the neighborhood, if applicable.
There are many types of property boundary disputes that can arise under the property boundary rules. These types of conflicts are common between neighbors or nearby businesses. They can also be common in situations where a business is located near a residential property. This type of litigation often arises when there is a question about the legal boundaries of the property. If a neighbor starts building on what you think is your property, do something immediately. If the neighbor`s intervention is minor, for example, a small fence in the wrong place, you may think that you should not worry. You`re wrong: Property disputes can lead to lawsuits if the owners can`t resolve the dispute themselves. In some cases, a court may order that the boundary line be redrawn or restored using the measurements of a professional surveyor or GPS system. Yes. If you and your neighbor have agreed on where you both want the property lines to be, you can both enter into a “property agreement,” also known as a “property line adjustment agreement.” These agreements become formal and binding through the preparation and signing of deeds detailing agreed property boundaries.
However, it is important to review your local zoning and subdivision laws before entering into this agreement to ensure that you are complying with the regulations. If the dispute is really about the location of the property line, you can first try to resolve the issue by jointly selecting a surveyor whose survey will determine the agreed line. In this case, you or your neighbour would agree to relinquish control of the land in question, and the agreement would then clarify which property the fence belongs to. In a new subdivision that still has markers from a municipal survey, the cost of an inquest can be around $500. If roads are rehabilitated and the surveyor has to bring lines from afar, the costs increase accordingly. Be prepared to spend several hundred to over a thousand dollars if you live in an area where no surveys have been done for a long time or where maps are unreliable and contradictory. Sometimes the surveyor really can`t know what it is until the work begins. If you and your neighbor go on the cost together and both properties are made by the same surveyor at the same time, you should be able to save money.
If there is a problem at your border, keep the lines of communication with the neighbor open if possible. Learn the law and try to find an agreement between you. Borders are just not that important to us most of the time; Relations with our neighbours are very important. Be aware that you and the neighbor could enter into other conflicts if the border is found. The line can deviate several meters from what you expected – maybe even through one of the houses. If this happens, one neighbor may have to pay the other for the property she accidentally occupied. This can get complicated, especially if the new investigation conflicts with the one from the past or the descriptions in the deeds and you may need a lawyer. To establish a clear boundary, adjacent owners can decide where they want to be, and then do so that way by signing deeds outlining the agreed boundary.
If you have a mortgage on the property, contact a local lawyer for help drafting deeds. Whoever holds the mortgage may need to be notified and get permission before transferring even a small piece of land. Some mortgage companies will not be affected or will want to participate. However, others have included a clause in the mortgage that allows the company to demand full and immediate payment of the entire loan if the borrower transfers interest on the property. A common dispute between neighbors is who owns and who is responsible for maintaining the fence between their properties. Texas does not have a specific law that deals with border fences. Cities or homeowner associations often try to address issues such as fence height, but disputes over ownership or maintenance often have to settle them in court if neighbours can`t come to an agreement on their own. (3) See, for example, Minson Co. v. Aviation Finance, 38 Cal.
App.3d 489, 113 Cal. RPTR. 223 (1974). See also Ernie v. Trinity Lutheran Church, 51 Cal. 2d 702, 336 P.2d 525 (1959), where the disputed property was a strip less than a foot wide. Yes, it is important to have the support of a real estate attorney experienced in property boundary disputes. These issues can be complicated, especially when a community is involved. If you have a dispute about property boundaries, it is important to contact a lawyer as soon as possible.
Although rare, opposing property is a legal concept that allows an intruder – sometimes a stranger, but more often a neighbor – to obtain a legal right to an owner`s land. Texas law places the burden of proof on the intruder to establish an allegation of opposing possession. A person who holds a legal title is deemed to be the owner, unless the opposing possessor can bear this burden. For more information, see the following resources. Cities are responsible for continuously updating their tax maps to show changes in parcel ownership and size. After signing the document, you must submit it to the district office. This office, sometimes known by names such as the county registrar`s office or the land registry, will file the deed and make it available to the public upon request. Each future buyer of the property is informed of the new agreed boundaries of the property. If the neighbour does claim part of your land, for example, as part of a conflicting survey or because he used it (see Chapter 10), you will need a lawyer to take legal action to have the neighbour or his property removed. Or the lawyer can sue for “silent title” – to let the court decide who owns what.