Resolving Property Dispute Issues

Apr 10, 2024 | Business Law

 

Property disputes with neighbors can become a major source of stress and frustration, affecting your ability to enjoy your home and property and souring relationships within your neighborhood and community.

Whether it’s a disagreement over the placement of a fence, or confusion regarding unclear property lines, these issues can quickly escalate if they’re not handled quickly and effectively. If you’re currently facing property disputes, you might find the following information helpful for reaching an amicable resolution and navigating the legal landscape if necessary.

Understanding Common Property Disputes

There are plenty of types of property disputes that can arise between neighbors.

Among the most common is fence placement. Disagreements about fence location on property lines are frequent issues. One neighbor may believe the fence is encroaching on their property, while the other insists it’s within their boundaries.

Property line uncertainties in general are often an issue. Property lines can be unclear due to faded markings, missing surveys, or discrepancies in property deeds. This lack of clarity can lead to disputes about whether one property ends and the other begins, and if both neighbors want to do something with the space they believe is rightfully theirs, then disagreements are likely to ensue.

Trees, bushes, or other vegetation that extends onto a neighbor’s property can create conflict, especially if they block sunlight, damage structures, or pose safety hazards. 

Easements grant specific rights to use a portion of another’s property, such as access for utilities or maintenance. Disagreements regarding the scope of use of easements can also lead to disputes.

 

Communication and Amicable Resolution

Before resorting to formal procedures, open and honest communication with your neighbor is always recommended. Do your best to actively listen to their perspective and try to understand their viewpoint.

Approach your neighbor calmly, and explain your concerns. Actively listen to their perspective and try to understand their viewpoint. If you have property documents, like your property deed, survey plat (if you have one) and any other relevant documents to discuss property lines and potential solutions.

Be willing to compromise and find a solution that works for both parties. This might involve adjusting a fence line, trimming vegetation, or establishing a clear agreement regarding easement usage.

Mediation as an Option

If communication with your neighbor is unsuccessful, mediation can be a valuable tool. Mediation involves a neutral third party who facilitates a discussion between you and your neighbor to reach a mutually agreeable solution.

Mediation is typically less expensive and more time-efficient than litigation, and allows for a more adversarial approach to the conflict.

When Legal Action Might Be Necessary

In some cases, reaching an amicable solution might not be possible. If mediation fails, or if your neighbor is unwilling to cooperate, consulting with a lawyer is advisable. An attorney can review your case, advise you of your legal rights and options, and represent you in court if necessary.

Some situations where legal action might be warranted:

Clear encroachment

If your neighbor has demonstrably built a structure or planted vegetation on your property, legal action might be necessary to enforce your property rights.

 

Repeated violations

If your neighbor repeatedly disregards a verbal agreement or ignores your concerns, legal intervention might be required to protect your property interests.

Significant property damage

Damage caused by a neighbor’s actions, like overgrown trees damaging your structure, might warrant legal action to recover compensation.

Consulting a Lawyer

If you’re unsure how to navigate a property dispute or require legal representation, consulting with a lawyer experienced in property law is highly recommended. An attorney can provide you with advice that’s tailored to the specifics of your situation, and help you explore all available options to reach a favorable outcome.

To schedule a consultation with an attorney at Davidson Law Firm, contact us today!

Need Help?

Our lawyers are experts in Arkansas construction, family, real estate, estate, and business law, and they’re here to help.  If you would like to discuss the particulars of your case with a lawyer, contact the Davidson Law Firm.

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