Whether you own commercial property or residential property, few things are more frustrating than getting into a dispute over boundary lines. Also known as survey disputes, a boundary line dispute can cause sharp conflict between neighbors and, potentially, significant damage to you or your business. Your property rights matter.
You may be wondering: What options do I have if I am involved in a property survey dispute? At Winton Strauss Law Group, P.C., we want to make sure that you have the tools and information you need to protect your rights. Here, our Novato real estate law attorneys offer five tips for effectively resolving survey disputes in California.
- Clarify the Nature of the Survey Dispute
First and foremost, it is crucial to take the time to clarify the nature of the survey dispute. You need to ensure that you understand your position, your neighbor’s position, and the stakes. Only with a comprehensive assessment and evaluation of the underlying issues will you be in the right position to protect your property rights. In survey disputes, knowledge is power.
- Gather and Organize the Title and Other Relevant Documentation
Next, you need to acquire and organize as much relevant information as possible. The more documentation you have, the easier it will be to present a compelling case. Among other things, this means reviewing the title of the property. The California Land Title Association (CLTA) explains that title is “a bundle of rights in a piece of property.” Title helps to determine where one person’s property ends and another begins. A lawyer can help you review the title to understand your legal rights.
- Bring in a Professional Land Surveyor
In some cases, you may need to consult with a professional land surveyor who can help you get an accurate reflection of boundary lines. As explained by the National Society of Professional Surveyors (NSPS), professional land surveyors are licensed by the State of California and they are qualified to determine maps, survey plots of land, and determine boundaries. A land surveyor may be helpful in the investigative stage of the process.
- Consider All Options for Resolving the Matter
A survey dispute does not necessarily have to end up in court. Before escalating the matter to real estate litigation, it is important to consider all possible options for resolving the dispute through negotiation or mediation. Depending on the circumstances, there may be workable solutions available. For example, an easement could help solve the problem. As defined by the Cornell Legal Information Institute, an easement is non-possessory property interest that gives one party the right to use another party’s land for a limited purpose.
- Prepare for Boundary Line Litigation
Unfortunately, not all survey disputes can be resolved through a settlement. You need to be ready to protect your property rights. If you are preparing for boundary litigation, it is imperative that you work with a California real estate lawyer who has experience representing clients in survey disputes. Whether you are facing a lawsuit or considering filing a claim against another party, you can benefit building a proactive, well-supported legal case.
Call Our California Real Estate Lawyers Today
At Winton Strauss Law Group, P.C., our California real estate law attorneys offer reliable, solutions-driven advocacy. If you have questions about resolving survey disputes, we are more than ready to help. Contact us now for a completely confidential, no commitment initial legal consultation. With office locations in Novato, Nevada City, and Auburn, we provide real estate law services throughout the entire region, including in Sacramento, Yuba City, Roseville, Vacaville, and Santa Rosa.