Property line disputes are fairly common in communities throughout the United States. In some cases, these disputes could lead to lawsuits if the property owners are unable to come to a solution on their own, which could potentially lead to a court order for the boundary lines to be redrawn with the assistance of a professional land surveyor.
In the vast majority of cases, the only thing that can lead to property line changes in Mobile, AL is a court order to have a property re-surveyed and the boundaries re-established.
Here’s some information about the circumstances that can result in a property line being changed or established.
Sometimes property owners might agree to the boundary of their property without the need for a boundary line survey. This might happen if the deeds they have or existing maps for the properties are ambiguous. Adjoining neighbors can agree to the location of a boundary line, so long as there are certain conditions met. This agreement results in the property becoming the permanent legal boundary, an agreement that then is binding not only for themselves, but also for anyone who owns the home in the future.
The requirements the owners must meet for their agreed-upon boundary line to become legally binding are as follows:
- The agreement must have arisen out of a genuine uncertainty as to the location of the actual boundary line on the property.
- Both property owners must agree without reservation on the new boundary line for their properties.
- These owners must “act in reliance on the agreement,” meaning all future actions they take as property owners should respect the agreed upon boundary line.
- The boundary line they agree upon must be identifiable on the ground.
Once all of these requirements are satisfied, the boundary line becomes the legal line. It is helpful to draft up a document to get the agreement in writing, and to file it with your local court clerk for them to have on record for any future property disputes that might occur.
As previously mentioned, many of the circumstances that lead to a requirement for a property to be re-surveyed for property line changes are a result of court orders arising from property disputes.
Common examples of such disputes include:
- Boundary line acquiescence: This is a legal concept in which the boundary line is determined and overrules boundaries listed in the deed for the land. Both owners’ conduct over time would indicate they agree to the boundary.
- Zoning issues: Zoning issues can cause disputes as to where a residential zone ends and a commercial zone begins.
- Agreed boundary disputes: These disputes occur when owners are unable to agree upon boundary lines on their own as described above, and the court has to step in.
- Title disputes: If adjoining property owners disagree about who owns a particular piece of property, a title dispute could arise over the use of a certain section of property or over an entire piece of land.
For more information about handling property line disputes in Mobile, AL with a new boundary line survey, contact Polysurveying today.
Categorised in: Commercial Surveying
This post was written by Writer