Neighbors can often be a source of support and companionship, but sometimes they can be a source of conflict. Disputes can arise over social habits or maintenance of the properties. Occasionally, neighbors may disagree about where the boundary between two properties falls. In such scenarios, the conduct of one neighbor can affect the rights and finances of the other. For example, if a neighbor builds over the boundary line by erecting a new home, expanding a garage or paving a driveway, they may begin using part of a neighbor’s parcel without their permission.
Disagreements between neighbors can lead to protracted disputes and may require legal action to effectively resolve the conflict. In the most severe cases, the boundary incursions of one neighbor may lead to the other losing part of the property they own.
Neighbors can pursue adverse possession claims
Adverse possession is the legal term for when a party begins using real property that does not technically belong to them. They then ask the courts to adjust ownership records to grant them legal authority over the property that they have used. Fences and crops may not lead to adverse possession claims, but permanent structures might.
State statutes allow those who have openly and adversely used another person’s property for an extended period to assume ownership of that property in certain circumstances. The construction of improvements can contribute to adverse possession claims.
Typically, the neighbor has to access and use the land for at least 10 years without the neighbor who actually owns the property interfering. It is therefore crucial for property owners to know where their boundaries fall.
One neighbor can go to court and get a judge to stop a construction project that could lead to one neighbor building over the boundary line. The courts can also take action even after construction on such improvements is already complete. Ignoring boundary disputes may eventually culminate in the loss of part of a parcel. Allowing a neighbor to encroach on a boundary can ultimately diminish the value of real estate holdings.
Learning about adverse possession and boundary disputes can help people decide how to respond when a neighbor crosses their boundary and tries to claim that the land is theirs. Owners who take prompt action can protect their claim on a parcel and prevent adverse possession claims in the future.