Real Estate: Boundary and Easement Disputes

One of the most common issues that arise between neighboring property owners is the location of property lines, otherwise known as boundary disputes. These arguments occur when property owners are not able to agree on property line locations or when structures or fences are placed in such a way that they actually encroach on a neighboring property. While one of the best ways to avoid souring a good relationship with your neighbor is to simply understand your boundaries from the beginning, sometimes these disputes are unavoidable.

Types of Disputes

Boundary disputes tend to result from construction improvements, including driveways, decks, or fences. Before beginning construction, one should always obtain the required permits to avoid any issues. It would also be wise to check the title insurance or opinion for any restrictions and to tell your neighbor what you plan on building. If he or she has any concerns, this can be discussed before any money is spent on the project.

These are not the only reasons for these types of disputes, however. If a need to remove existing landscaping or structures arises, determining where the boundary line is critical. Even if both property owners know where the boundary line is, there may be a dispute over whether or not one has a right to cross it. For example, there might be a dangerous tree on the neighboring lot and the neighbor might fight to have it removed.

Reaching a Resolution

Oftentimes a survey will resolve the problem. For example, if the tree or branch is on your property, you might likely be able to remove them. That said, it is not always that simple. If a problem exists and it is not on your property, you will have to consult your municipal code enforcement office in order to determine if that tree, fence, or digging is in compliance with local laws.

In some circumstances, a neighbor will be able to obtain an easement by necessity to cross the other property if it is necessary to access his or her own property. For example, if you need to get heavy equipment into your backyard to install a new well, but need to cross the boundary line to get the equipment into that area, easement can provide a solution.

Tulsa Real Estate Law Attorney

If you are facing a real estate issue regarding a boundary dispute, the real estate attorney at Bundren Law Firm P.C. can protect your rights and interests. Our Tulsa property attorney is committed to providing you with knowledgeable counsel and strong legal representation.

Contact our office today at (918) 992-3300 to schedule a consultation.

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