Most people don’t know exactly where their property boundaries end, and most people don’t care. The only way you can be able to physically touch the limit of your property is when your deed contains permanent markers of the land, for example, a stone monument or tree. And even then, the boundary might not be set up in a straight line. If you are conflicted about your property boundaries, here are a few steps to take in order to amend lot lines.
Step One
Try to negotiate with your neighbor to see whether they can allow you to purchase the additional property exceeding the boundary line. Some neighbors may be willing to sell the space, especially if you are already encroaching onto their property. However, you may need to hire a surveyor to describe the land being purchased.
Step Two
Create a boundary line agreement. If you are not sure where the actual boundaries of your property are, a boundary line agreement can help you resolve the issue. A boundary line agreement is a document that describes where the boundary line should be located to the satisfaction of both parties. To avoid any misunderstandings about who owns which property, the agreement should explicitly state that either of the parties is conveying everything on the other side of the property line.
Step Three
You may need to take court action to determine the lot boundaries. If you find that your boundaries extend outside of your property and you have been using that piece of land unknowingly, the court may help you resolve the matter. This is especially true if the actual owner is adamant about getting the property back.
The court will consider a number of issues, for instance, who is currently paying for the land taxes, before making a decision. It is important to consult an attorney beforehand to learn about the state laws affecting lot line and adverse possession lawsuits.
Step Four
File a petition with your local government. If you want to change your lot line to accommodate an adjoining alleyway that is no longer in use, you will want to petition your local government. Generally, you will have to involve either most or all of the property owners connected to the alleyway. If the petition is successful, the adjoining alleyway will be divided among the property owners.
The real estate world is full of complex legal issues that often require the guidance of an experienced attorney to avoid making costly mistakes. If you are planning to invest in real estate or are concerned about the lot lines of your property, The Law Office of Ray Garcia, P.A. has your back. Get in touch with us today!
Law Office of Ray Garcia, P.A.
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