A boundary dispute is a disagreement over the location of
a property line. Boundary disputes often occur because the real estate in
many older deeds was not surveyed. The markers or monuments mentioned in the
deed, such as pins, stakes, or rocks, may be long gone. Distances provided
in a deed may only be "more or less," and directional courses referred
to may be vague such as "northeasterly." Boundaries in a deed may
be described in terms that no longer make sense to the present owners, such
as "by and along the land of Jones." All of this means that the
location of a boundary line, even if there is oral history which claims to
locate it, may be impossible to find without a survey.
If you are in a disagreement with a neighbor (also known as
an abutter) about a boundary line, you will need to decide how much money
and time you want to invest to try to prove your position. Boundary disputes,
even if they do not end up in court, can be very expensive. If your property
has never been surveyed, or was surveyed more than 40 years ago, you undoubtedly
will have to hire a surveyor. This expense alone could be hundreds of dollars.
Your neighbor may have a surveyed property description which could place him
or her at a greater advantage in any disagreement. Of course, if you have
a recently surveyed description, then you may have the advantage.
Ordinarily, the surveyor will research your deed in the Registry
of Deeds for the county in which your land is located. This means that the
surveyor will go back through the deeds held by previous owners (your "predecessors
in title") and previous abutters. He will check to see if any surveys
have been done by your neighbor or the neighbor's predecessors in title.
The surveyor will also do research called "field work"
on the land itself. In performing this type of research, the surveyor will
attempt to locate any monuments such as stone walls, metal pins, or stakes,
and any natural features such as trees, streams, large rocks, gullies, or
other bodies of water that may designate where your property line is. He will
take measurements and get compass or transit readings, and try to piece together
what your property looks like "on the face of the earth."
If your neighbor's survey and your survey do not agree on
the location of your common boundary line, then there are a number of possible
solutions. The least expensive and least adversarial solution is to agree
on a boundary line based upon the best available evidence. In this scenario,
both sides will have to compromise in order to achieve a solution that both
neighbors can live with. More formal methods of alternative dispute resolution
can include paying a mediator to help you come to an agreement or hiring an
arbitrator to determine a boundary line for you without resorting to litigation.
By far the most expensive approach to resolving a boundary
dispute is by going to court. First of all, you probably will have to hire
an attorney and pay him or her at the going hourly rate. You will also have
to pay your surveyor additional money to prepare for and to appear in court
as your "expert witness." These services are usually billed at an
hourly rate also.
More importantly, by suing your neighbor you could be creating
a situation that will cost you much more than money; you may lose a friend.
Even if you are not friendly with your neighbor, the tension of living next
to the person you are fighting in court can be very stressful.
In deciding what to do about a boundary dispute you may want
to ask yourself the following questions:
-
What is at stake? Is it two feet of land, an acre, or more? Does your
neighbor claim that your garage, barn, house, or driveway is located on
his land or vice-versa? Will the disagreement affect the marketability
of your property?
-
How much will it cost to resolve this dispute? Is the fight worth the
expense, and can you afford it?
-
Are you emotionally prepared for a long, unfriendly battle? Are there
ways to resolve the disagreement so that, even if neither side is totally
happy, you can both sleep at night?
Legal Services for the Elderly (LSE) has attorneys on its Hotline who
can try to help you sort out some of the basic issues regarding boundary
disputes. LSE may be able to refer you to a private attorney who can more
thoroughly investigate your position and help you determine whether it's
worth a full-blown court battle.
If you are sixty or older, and would like to discuss a legal
concern, please call the LSE Hotline at 1-800-750-5353 (in the Augusta area,
623-1797) for free legal information and advice.
September 2008
