Boundary Issues

In certain situations -- including when a survey will not resolve a boundary dispute -- a property owner may file a quiet title lawsuit and request that a judge determine the boundary lines of the property.

Another alternative in a boundary dispute is for adjacent property owners to agree on a physical object -- such as a fence -- which could serve as the boundary line between the properties. Each owner would then sign a quitclaim deed to the other, granting the neighbor ownership to any land on the other side of the line agreed upon. If the piece of property in dispute has been used by someone other than the owner for a number of years, the doctrine of adverse possession may apply. State laws vary with respect to time requirements. But typically, the possession by the non-owner must be open, notorious, and under a claim of right. In some states, the non-owner must also pay the property taxes on the occupied land. A permissive use of property eliminates the ability to claim adverse possession.

The Law Offices of Lisa Edgar Dickman

925-945-1045

619-780-9498

edgardickmanlaw@gmail.com