Land disputes occur when two parties or more do not agree on the boundary line of their land. Many factors contribute to disputes between two parties. In this case, we are going to see what causes boundary disputes between neighbors and how we can resolve them.
Some of the causes are;
- Changes in the land features and their formation be it man-made or natural.
- Misunderstanding and lack of proper communication between the parties involved
- Ignorance
- An unmarked boundary for example if it is not fenced.
It is important to understand some of these causes and how to handle if you encounter as a real estate investor.
Some of the things you should be certain of include, the true owner of the property and the necessary documentation supporting the same. The willingness and the far you can go for the same and finally be financially stable in case of court trials. If you are certain then you can proceed with resolving the dispute.
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The avenue that can be used in court to determine your fate is the following
- Commission land survey
The ministry of land in every country has records on the ownership of land. Land ownership is determined through the title deed search and land maps from the registered surveyor.
If parties involved have their registered surveyor, an impartial surveyor would be introduced. Depending on the nature of disputes, both parties can agreed on best land survey to use in determining their property sizes.
- Documents
This is one of the crucial things to prove the ownership of the land. In case of a boundary dispute, it is important to demand the documents for comparison. If the other party is not willing to produce the documents, you may be required to write a demand letter, stipulating your grievances and the best-known way to handle the issue. It is also important to talk to your attorney to ensure you have a solid case before taking a step.
- Mediation
Also, both parties can decide to solve the issue between them. This is a friendly way and also less costly compared to others and avoids a lot of time wastage. You can, however, decide to hire a lawyer to represent you although it is not necessary.
- Court
This should be the last option in a case where the involved parties have failed to agree. Apart from it being costly and time-consuming, the outcome may be unfavorable for both parties. Before taking this step, be certain of the following;
- Prescriptive easement-this is whereby the court orders that a certain part of your property be used for a specific job like paths.
- Adverse possession- this is where you give out the piece of property to the other party and it becomes legally theirs.
- Covenant –the court can also rule that the property on dispute be used by the public and that the parties involved in disputes remain with nothing
It is important to avoid these disputes as much as possible however if it arises, it is also crucial to make a wise decision that will satisfy both parties and save time and money at the same time.
Some companies such as Username Investment Properties ensure that all their clients are buying well-marked land, with a title deed. This has helped them avoid unnecessary land disputes on their properties.