Resolving a Property Dispute: Tips From a Real Property Lawyer

When property disputes arise, it’s important to handle them strategically and with caution. Florida law recognizes that each case can be unique, and our expert team of real property lawyers in Gainesville can help. Whether you are considering a case or are currently involved in a case, there are some things you should know. Read on to learn about the common causes of property disputes and to find out when to seek legal advice. Our experts in real property law are on your side.

Property Lines

Property lines determine the boundary between your property and your neighbor’s property. These boundaries are defined in the property deed, but they can also be found in specific maps maintained by land surveyors. When a new home or commercial property is built, property lines are measured and then marked with identifying flags. Existing properties, however, may not have these markers present.  

Common Property Disputes

Property line disputes can occur in two ways: encroachment or trespassing.

Encroachment

Encroachment is when one property owner crosses the property line and builds or extends a feature (such as a fence) onto a neighboring property. Over time, the lines can become blurred and it can be as if the encroaching offense had always been there, creating an easement. To prevent this from happening, it is essential to address encroachment as soon as it occurs. Examples of encroachment include the following: 

• Constructing a fence that crosses onto neighboring property, even if only a few inches.
• Allowing a tree’s branches to grow over a neighboring property. 
• Growing a hedge that extends onto a neighboring property. 
• Setting or constructing a shed or other out building that crosses over a property line.
• Other construction that crosses a property line.

Trespassing

The second type of property dispute is trespassing, which occurs when a neighbor or other person occupies land or property that is not theirs. Examples of trespassing include: 

• Walking through a neighboring property without permission.
• Residing on a property without permission, whether through camping, use of a recreational vehicle or otherwise inhabiting a property that is not yours.

What To Do

When faced with a real property legal issue such as a property dispute, there are several things you can do. One of the most important first steps you can take is to talk with your neighbor. Whether it’s before you begin a project or if something adverse has happened, such as a tree falling, a simple conversation can often prevent problems from the start. However, if you’ve tried this route without success, or if you want to prevent issues from arising, there are several things you can do. 

Notifications

To prevent trespassing issues, purchase some ‘No Trespassing’ signs and hang them in prominent locations on your property, such as on a fence or in a window. As long as the property line is properly and correctly defined, you should have a strong case should the sign be disregarded.

Professional Land Survey

In the event you are unsure of where your property line begins and ends at any or all points, it is a good idea to hire a professional to conduct a survey of your property. They will clearly mark all boundaries. This is highly recommended prior to constructing any permanent structures, such as a fence or placing a shed on your property, especially if it is near a property line. A surveyor will also provide a map of your property, which can help should a neighbor inquire about encroachment of the property line.

Hire a Lawyer

An attorney can help in any property dispute situation, whether it’s ensuring you are within your rights prior to a project beginning or bringing in a lawyer once a dispute has arisen. If a dispute escalates, a lawyer can help in several ways. They may mediate the situation, present the neighbor with a cease and desist letter, or pursue a legal case, among other things. 

If you need legal assistance with a property dispute, the real property lawyers at Avera & Smith can help. Contact us today for legal guidance.