“understanding Property Law Disputes: Boundaries, Easements, And Encroachments” – Property boundaries in Michigan are a sensitive subject that you should be well aware of if you want, need, or already own land.
If you’re like most people, your home and possessions are among your most valuable possessions—and we assume you want to protect them. A property boundary dispute with a neighbor can make life unpleasant, to say the least. Unfortunately, these types of problems are so prevalent that many states — including Michigan — have enacted laws to address them.
“understanding Property Law Disputes: Boundaries, Easements, And Encroachments”
Border disputes between neighbors can take many forms. Sorting out your argument and gaining a better understanding of it can help you determine the best course of action to resolve the conflict. The most common types of border disputes are listed below with a brief description.
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This type of boundary dispute occurs when a structure on one property encroaches on the boundary line of an adjacent property. Fences, driveways or decks, landscaping, sheds and even larger structures are often involved in these disputes. The injured party can sue. However, a trespasser can claim land by possession or acceptance of trespass, if the trespass meets certain criteria and lasts for more than fifteen years.
Easement disputes come in many forms. Parties may dispute a signed facility. Alternatively, an adjacent property may have used a neighboring property long enough to create a designated easement (on their land or, more likely, on a lake or river).
This is similar to adverse possession except that it occurs when neighboring landowners agree on a disputed or incorrect boundary line.
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Legal descriptions are used to define all parcels of property. A surveyor can use these details to draw a physical property boundary line. In some cases, a real question arises as to the location of the boundary line between properties. Many works may contain prior error or contradiction, causing misunderstanding or inconsistency. Alternatively, earlier estimates by surveyors led to debate over the location of the boundary line. That’s why a “quiet title” lawsuit is needed. To enforce its decision, the court determines who owns the property and enters a chain of ownership order.
Riparian rights are additional rights that apply to property adjacent to water bodies. They regulate who has access to water and how it is used. Some of the common issues that often arise include public access and prescribed easements through road ends, docks and warehouses.
Michigan law governs the construction and maintenance of a fence along a property line. The law also protects a neighbor’s right to cut tree limbs over their property lines. Later, Michigan courts developed the “despite the fence” rule, meaning fences erected for no other reason than to obstruct a neighbor. Below is an overview of Michigan laws on common property boundary disputes between neighbors:
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Are you in the middle of a real estate dispute? Our attorneys assist clients in a variety of real estate disputes, including:
We understand how expensive and time consuming litigation can be. Our goal is to help our customers resolve disputes in the most helpful and cost-effective manner possible.
The information provided on this website is not legal advice and is not intended to constitute legal advice. All information, content and materials on this website are for general information purposes only.
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Bad neighbors are an unfortunate reality. Some people invite the neighboring family for barbecues and sports games, while others threaten to sue. Boundary disputes, in particular, are a common point of contention that can lead to awkward situations when it comes to trash removal. So what can you do about a boundary dispute and resolve the issue of property lines?
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Some border disputes can be resolved over a drink, while others may require legal navigation. At Handin Law, we offer real estate legal services for those struggling with real estate.
Property lines describe the legal boundaries of a piece of land. The property deed will specify the boundaries of the property.
Even with these possible reasons for change, there can be subtle differences, so it’s worth understanding border disputes.
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There are several different situations in which a boundary line can be disputed. When the boundary lines are blurred, a number of disputes can arise.
Florida real estate law provides clear paths to resolving boundary disputes that can follow after attempting an open discussion with your neighbor (or disputing party).
If the law is on your side, you can send your neighbor a demand letter and try to go to court or settle.
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Disputes are settled, and property lines are likely to change. These changes must be legally documented and confirmed in writing. A licensed land surveyor can also help establish boundary lines by placing official markers.
A title deed is a written and signed legal document used to transfer ownership of property. Usually, it is used between the previous owner and the new owner.
A title deed can also be used to resolve boundary disputes when neighboring property owners jointly establish a clear boundary. Once they agree where they want, the decision is confirmed in writing (with the help of a proxy).
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In some cases, the boundary line may be unclear on deeds or maps. Adjacent neighbors can agree on a new boundary line as long as the situation meets certain requirements as follows.
Although the agreement with the neighbor is not required to be in writing to establish legality, doing so can avoid confusion and disputes in the future.
If the boundary line is unclear and the owners cannot agree, the court can determine the boundary using a court-ordered survey.
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Law Offices of Gary I. Handing, P.A. With over 50 years of experience providing legal services to residents of Coral Springs and beyond. Whether you’re struggling with a boundary dispute or another real estate matter, we’re on call.
Contact us online today or call us at 954-796-9600 to schedule an appointment with a local real estate attorney.
Providing professional legal services to the City of Coral Springs. Call us today for a free consultation – 954-796-9600. When faced with a property dispute, take a deep breath before jumping to conclusions. Remember that you still have to live next door to your neighbors, but don’t let property line encroachment go unanswered. Inactivity can come back to haunt you when it’s time to sell, and it can cost you some of your land.
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The legal definition of a boundary is the dividing line between 1) two parcels of land or 2) a parcel and where the parcel meets its boundary, such as a street or waterway.
Boundaries are determined based on the legal description of the property. The general description of property in an urban area is by lot and tract number relative to a parcel or tract map. The description is usually included or attached to your grant deed. You can get a copy from the Registrar-Recorder/County Clerk’s office in Los Angeles.
Boundary and encroachment disputes often arise over fences, hedges, structures, roads, walkways, walls, landscaping and other improvements.
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