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Resolving Lot Line Disputes in California: The Importance of Legal Representation
No matter if you’ve owned your Bay Area property for decades or bought it just a month ago, you may still end up stuck in a boundary dispute. If you do find yourself in this situation, the best course of action is typically to stay as calm and neutral as possible at the inception of the dispute, and then engage the services of an experienced California property law attorney as soon as possible to protect your interests. These disputes can end up going to court, which is why it’s essential to have a trustworthy property law attorney on your side. This article discusses the basics of how boundary disputes work, and why it’s imperative to have proper legal representation if you are facing one.
How Boundary Disputes Can Begin Between Neighbors
There are many reasons why boundary disputes happen. Some examples for your perusal: A commercial investment firm finds out that a neighboring business added landscaping that threatened the shared property line. A new fence installed by a homeowner is just a few feet inside the property line of his neighbor’s land. Occasionally, natural boundaries like rivers and roads shift, either by the will of nature or man. All of these situations can result in headaches for their neighboring property owners.
Interpreting Grey Areas
Oftentimes, a property owner may think that a portion of his neighbor’s land is his, when the reverse is true. Moreover, it’s fairly common for both neighbors to hold the false assumption that a property line resides along an obvious marker, like a retaining wall, fence, or driveway. There are also situations where inconsistencies or errors in a parcel’s description causes confusion. Real boundary concerns can arise out of all of these factors that can be frustrating and confusing for all parties involved.
If A Boundary Dispute Arises, What Should I Do?
Resolving a boundary discrepancy in California can be a lot more complicated than most property owners may think. The vast majority of homeowners don’t anticipate these types of problems, much less have the tools to handle them. Settling the issue on your own is simply not an option for most people. Here are the steps that should be taken in such a situation:
- Have a licensed surveyor evaluate the property to identify the boundary
- Appraise the property’s market value
- You will probably need to get a full title search in order to locate the documents associated with the property’s chain of title, and to expose any easements or deeds that affect the property’s ownership.
Boundary issues involving commercial real estate are often even more complex. The improvements that have been made to the land must be pinpointed, evaluated, and assessed for value. When such cases arise, the landlord will require the assistance of a commercial real estate attorney.
Contact Us Today
Lot line disputes can quickly devolve into complicated situations that require legal representation for the best possible outcome. If you are in a California boundary dispute, you will need an experienced property law attorney to protect your best interests. Call the Law Office of Ball & Yorke to consult with a top California boundary dispute lawyer today.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.