A boundary dispute can negatively impact the market value of your property, making it difficult to sell or borrow against the equity. An existing boundary dispute can also impact your ability to make improvements to your own property. Resolving a boundary dispute using the traditional judicial process can be expensive, both in cost and time. A better alternative is to consider real estate mediation when faced with a boundary dispute.
Why Do Boundary Disputes Occur?
Boundary disputes are far more common than most people realize. Sometimes, a dispute over boundary lines go back decades and is the result of an incorrect legal description.
Changes in the landscape by previous property owners can also result in boundary disputes. A fence that was installed years ago may have originally encroached on a neighbor’s property; however, if that encroachment was not addressed when the fence was erected, it may result in a shifting of the perceived boundary for future property owners. When a future property owner attempts to sell or encumber the property, the boundary line issue becomes an issue.
The Importance of Having a Current Survey
When a question arises as to the location of boundary lines on a property, one of the first things you should do is hire a professional surveyor. This is particularly important if the most recent legal description is several decades old. Not only may a recent survey be required to make improvements or sell your land, but having a professional survey conducted can also provide compelling evidence to support your claim if a boundary dispute winds up in litigation.
Why Consider Mediation for a Boundary Dispute?
Time is often not on your side in a boundary dispute given that they frequently arise when a property owner wants to make improvements on the property or list the property for sale. Litigating the dispute in court can take months, even years, to reach a conclusion. In the meantime, neither party will be able to move forward with planned improvements or a sale of the property. Mediation offers a cost-effective and time-saving alternative.
A trained mediator acts as a neutral third party who works with both sides to resolve the dispute outside the courtroom. The goal of mediation is to reach a mutually agreeable settlement that avoids the time and expense of traditional litigation. Both the selection and the cost of the mediator are shared by the parties. If the parties are unable to resolve the dispute through mediation, the option to pursue a traditional lawsuit remains available to both parties.
Consult the Tampa Bay Boundary Dispute Mediation Attorneys at Lieser Skaff
If you are involved in a boundary dispute, consider mediation in lieu of traditional litigation. Our experienced boundary dispute mediator can help you resolve your dispute without unnecessary expenses and delays.