Unfortunately, boundary disputes are a part of land ownership. What’s even more unfortunate is that these boundary disputes often become so contentious that they require litigation. Virginia residents should educate themselves on the basics of boundary disputes in the event they find themselves in a similar situation.
Have another land survey performed
Some deeds are so old that they reference landmarks on a property that no longer exist. For instance, some old deeds for farms would reference the “tall fencepost at the corner of the property.” If your property lines are in question, consider hiring a professional surveyor to determine where your boundary lines are.
Many people incorrectly assume that the only legal recourse to a boundary dispute is taking the case to court. However, mediation is also a legal option that is usually more affordable for both parties and can lead to fewer hard feelings between neighbors. A mediator can help both sides come to a compromise that works for all involved parties.
If mediation doesn’t work, you may have no choice but to take the case to court. It is important to note that a court case will not be a quick or cheap process, so you need to be sure that this is something you truly want to pursue. Every state has a unique set of real estate laws, and the judge that hears your case will filter all of the facts surrounding your case through those laws.
Even if you do not take your boundary dispute to court, you should contact an attorney who is familiar with your state’s real estate laws. This attorney can review the details of your potential legal claim, the deed of the property in question and educate you about the laws governing real estate in your state.