Questions Related To Boundary Disputes Law
Boundary disputes frequently emerge when someone purchases a residential property. Therefore, in order to avoid such land disputes, what you would need to do is conduct a proper survey of your land and have your survey results located effectively so that you can use them as evidence if in case there is any infringement by others or violation of the boundary dispute law. Below are answers to few of the more common questions about boundary dispute laws:
What can I do if I face a boundary dispute over my property? I had my property surveyed back in 1965. However, last month, my property was shortened by 18 inches by my neighbors when they surveyed their property. Another neighbor is marking boundary lines on my property and their property was not even surveyed.
In a case like this, the first thing you can do is try to resolve the matter through negotiation with the parties. In case, this does not work out, you could go for mediation, in which you can have an independent person settle this issue among all the concerned parties. You could go to the court if none of these options work out for you. Usually, in such cases, what happens is that all the parties collectively select an independent surveyor and then decide to agree upon the results that the survey produces. Now, in case, there is no agreement within the parties, then the court can step in and it can either order an independent survey to be conducted or reach a decision on its own regarding the boundary dispute. But if the parties could themselves work their issues out, it could save them from spending a lot of money as these disputes could be expensive. In this particular case, however, you could stop your neighbors from marking boundary lines on your property as you already had have a survey done that clearly outlines your property boundary. Doing that would mean trespassing for your neighbors.
The markers on our properties are missing which is why my neighbors and I are facing a boundary dispute problem over a residential plot in Wyoming. My neighbor wants to move the fence as he says that the fence is situated two feet inside his property line. Moreover, the fence has been sitting on that place for twenty years now. Can I make a claim against him on this? How can I fight this?
In this case, you could pursue a claim to the property against your neighbor through adverse possession. It is a legal procedure of acquiring the title to real estate by owning a property for a definite period of time. You would need to actually occupy the land for a specific time period so that you can claim title over it. Moreover, the claims of other persons to the title or possession should be open, notorious, and exclusive. According to Wyoming Code 1-3-103, the time required for a person to claim title on a property is ten years in Wyoming. All you need is file a lawsuit to quiet title. Once the judge feels that you meet the necessary requirements to claim a possession, you should be able to gain title to the land.
You would need to have adequate information regarding the state laws and your rights as the property owner if you want to fight a boundary dispute without any difficulty. If you need any clarification about your particular situation with respect to boundary dispute laws, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
What can I do if I face a boundary dispute over my property? I had my property surveyed back in 1965. However, last month, my property was shortened by 18 inches by my neighbors when they surveyed their property. Another neighbor is marking boundary lines on my property and their property was not even surveyed.
In a case like this, the first thing you can do is try to resolve the matter through negotiation with the parties. In case, this does not work out, you could go for mediation, in which you can have an independent person settle this issue among all the concerned parties. You could go to the court if none of these options work out for you. Usually, in such cases, what happens is that all the parties collectively select an independent surveyor and then decide to agree upon the results that the survey produces. Now, in case, there is no agreement within the parties, then the court can step in and it can either order an independent survey to be conducted or reach a decision on its own regarding the boundary dispute. But if the parties could themselves work their issues out, it could save them from spending a lot of money as these disputes could be expensive. In this particular case, however, you could stop your neighbors from marking boundary lines on your property as you already had have a survey done that clearly outlines your property boundary. Doing that would mean trespassing for your neighbors.
The markers on our properties are missing which is why my neighbors and I are facing a boundary dispute problem over a residential plot in Wyoming. My neighbor wants to move the fence as he says that the fence is situated two feet inside his property line. Moreover, the fence has been sitting on that place for twenty years now. Can I make a claim against him on this? How can I fight this?
In this case, you could pursue a claim to the property against your neighbor through adverse possession. It is a legal procedure of acquiring the title to real estate by owning a property for a definite period of time. You would need to actually occupy the land for a specific time period so that you can claim title over it. Moreover, the claims of other persons to the title or possession should be open, notorious, and exclusive. According to Wyoming Code 1-3-103, the time required for a person to claim title on a property is ten years in Wyoming. All you need is file a lawsuit to quiet title. Once the judge feels that you meet the necessary requirements to claim a possession, you should be able to gain title to the land.
You would need to have adequate information regarding the state laws and your rights as the property owner if you want to fight a boundary dispute without any difficulty. If you need any clarification about your particular situation with respect to boundary dispute laws, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
Source...