LITIGATING BOUNDARY DISPUTES

The best way to win a boundary dispute is to avoid it in the first place.  When purchasing real property, have a survey or survey update made on the property, and let the surveyor know that one of the main things you are looking for are any encroachments onto the property.  Also, make a visual inspection of the property's boundary lines before purchasing.  Examining the corners of the property for iron markers in the ground marking the corners of the property will help in determining where the boundary lines lay.  Keep in mind that contrary to popular belief, most fences do not run exactly along property lines.  Also, you need to understand that if you have two surveys by two different surveyors chances are they will not match up completely.  If you do notice some discrepancy or encroachment, talk with the neighbor about it.  If there is a discrepancy or encroachment, but neither party minds it at this time, then put it in writing that both sides agree there is a discrepancy or encroachment.  Remember, the neighbor there now may be easy to get along with and acknowledges the problem, but he/she may not always be the neighbor or may not always be that way.  The most important thing you can do is, use common sense.

Another thing to keep in mind is that in many boundary disputes, the disputed property is so small that the cost of litigation exceeds the value of the disputed property.  It is primarily only in commercial property that the value of the disputed property rises above the cost of litigation.  Most residential boundary line disputes that are litigated are done more so for the principal of the matter than for retaining the disputed property.  However, if you are looking at facing boundary line dispute litigation, you want to be sure to protect your interest.  A survey should be done and preferably done on both your property and the neighbor's property together.  Let the surveyor know that the survey is being done in anticipation of litigation.  Take pictures of the encroachment.  Remember, a picture is worth a thousand words.  Make all communications with the neighbor either in writing or if a communication is made verbally, then follow it up immediately with a letter restating the content of that conversation.  For example,  "Per our conversation on ........, we discussed .......... and came to the following (agreement) (conclusion) (disagreement) ........"  You want all of your actions to be as memorialized as possible for a trial on the matter.  And most importantly, consult with an attorney as soon as a dispute arises.