Boundary Disputes

Boundary disputes can be nasty, especially if they are in your own backyard. Regardless of which side of the fence you're on, you should do your homework before raising a big stink with your neighbor on a boundary dispute.

Types of Disputes

Common examples include:

• Encroachments such as fences or buildings that cross over a neighbor's property line
• Improvements such as add-on structures or landscaping that are incompatible with the use and enjoyment of a neighbor's property
• Roadways or trails that cross over a neighbor's property
• Incompatible uses that rise to the level of a nuisance (for instance, excessive noise, smells, bright lights, zoning problems)

Identify the Problem

Your neighbor may have quirky tastes, but this doesn't necessarily give you any legal rights in a boundary dispute.

• If you think there is an encroachment problem, get a survey done to find out for sure.
• Pull out the title report for your property to learn about easements and rights-of-way that may exist in your favor.
• If you are in a planned development, get a copy of any conditions, covenants and restrictions (CC&Rs) to learn about any restrictions on usage that may apply.
• Check out the public records in the city, county or township where you are located. Talk to the planning department.

Look at Possible Remedies

Spend some time trying to figure out how to enforce your rights.

• Boundary disputes inherently deal with state and local laws. This is where you should focus your research.
• Become familiar with the legal concepts that would include encroachment, trespass, nuisance, restrictive covenants (e.g., CC&Rs), zoning restrictions, adverse possession, prescriptive easements, and rights-of-way.
• Are damages available as a remedy? Would an injunction be appropriate? Is there any concern about attorneys' fees being awarded to the prevailing party?

Come Up with a Strategy

Be candid with yourself. Neighbor disputes are common, and they often involve petty grievances.

• If you have verified an encroachment problem, how serious is it? Consider a diplomatic resolution rather than an expensive legal battle.
• Why would you want to cause a rift with a neighbor over an infrequent or trivial problem? Make sure the problem is substantial and ongoing. If you have a trespass problem, for example, make a log of when and how the problem occurs.
• Put yourself in your neighbor's shoes and analyze the matter from their perspective. Could they argue that you gave them an easement or that you consented to the usage? Or, could they outbox you in a legal battle?

Talk to Your Neighbor

Once you've done your homework, it is time to contact your neighbor personally.

• Talk to your neighbor, in person or at least on the telephone. Don't start sending letters before giving this a shot.
• Have a script prepared in your own mind of what you want to discuss. Try to anticipate what is going to happen when you talk to your neighbor. You want to avoid a situation where you end up in a screaming match since this will draw a line in the sand.

Go See a Lawyer

If you don't get anywhere meeting with your neighbor, you are probably still a long way off from taking legal action. Nevertheless, this is when you should absolutely go see a lawyer for counsel and guidance if you have not already done so.

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