What is a boundary dispute?
Boundaries can differ and vary over time. In a lot of cases the boundary may have started out as a straight line, however over time it may have moved slightly or changed direction due to the removal and replacement of the boundary, agreements between predecessors of property or other factors. Most properties have boundaries like walls, hedges, fences, and so on, and over time, it can become unclear who the boundary belongs to and who owns the land between two properties. A boundary dispute may arise due to an outright disagreement, or due to confusion or wrong information.
Disputes regarding the use and ownership of land can have extremely serious financial consequences. For this reason, these disputes can quickly become contentious and often result in legal action.
Two of the most common boundary issues that can arise are:
- Neighbors disagreeing on the property line itself. This often happens because people have relied on verbal descriptions of property boundaries.
- Neighbors agree on the actual property lines but dispute the use of land within the lines.
How can boundary disputes be resolved?
Many boundary disputes have to be resolved by the instruction of an expert who will consider the Title Deeds to the properties and various other indicators such as old photographs, witness evidence and the actual property to determine where they believe the boundary is. This is why a lot of these cases end up in the courts with a judge making the decision based on all of the evidence as to where the boundary is.
Boundary disputes are extremely stressful and could last many years. Therefore, it is always wise to check the position with regards to your boundary before you make a change. Property law involves a complicated intersection of local ordinances, state legislation, and case law so it is important to consult with a lawyer that has experience in this area.
With all the construction happening in Nashville, boundary disputes are likely to arise every once in a while. Having a competent boundary dispute lawyer representing you or your company could make all the difference in your case. If you have a legal dispute regarding your boundaries, then Ben Powers is who you want on your side as your legal representative and advocate.
Ben Powers’ law practice extends throughout Middle Tennessee including Nashville, Brentwood, Murfreesboro, Hendersonville, Franklin, Nolensville, and Thompson’s Station.
What Is Real Property Law?
Real property law, also called land law, is a specialized kind of law that concerns real estate, land use and property. Real property differs from private property in that private property refers to anything that can be moved (vehicles, furniture, possessions, etc.) while real property concerns land itself and anything immovable on it (homes, development, minerals in the land, etc.).
You may need an attorney specializing in real property law if you have a complicated land dispute, have received a codes violation, want to pursue a permit or license for your property, or are interested in establishing new property rights or enforcing well-established rights.
Disagreements between neighbors over property lines can quickly get out of hand without proper legal guidance.
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