What are boundary disputes?
Most boundary disputes start when a neighbor takes an overt action to add, change or modify property elements like building a structure, tearing down a fence, cutting a tree down or placing landscaping on what you believe is your property. Disputes can arise when a neighbor’s property is sold, new owners move in and want to build a large addition, which renders any “handshake” agreement invalid. Fences which were installed without a survey can be one of the potential encroachments on a property.
Why are boundary disputes important?
These “disagreements” may start out as a civil conversation but can quickly escalate to aggressive actions and litigation. Surveying the property between your property line and that of your neighbor will 1) identify your property line by setting durable markers at the corner 2) identify any encroachments. With the survey, you have the evidence to show your neighbor as well as a lawyer about an identified encroachment.
- Disputes can result in costly legal fees: Aggressive actions by your neighbor may require the involvement of a lawyer. Engaging TKM Land Surveyors for a lot line survey can provide your lawyer with the justification he needs to issue a cease and desist order until a trespass lawsuit can be instituted;
- Disputes can impact your ability to sell your property: Encroachments can also be reason enough for a title company to refuse to issue insurance when you decide to sell the house;
- Unresolved encroachments can result in a loss of part of your land: Many states have laws that allow a person who uses another's land for a long enough time to gain legal right to continue to use the land, and in some cases, even gain ownership of the land
How can TKM Land Surveyors LP help?
TKM Land Surveyors LP can help you walk through the process, explain the findings and guide you through your options.
- Ongoing advice on the least confrontational, most cost-effective approach to resolving these situations without litigation.
- Ongoing support during difficult moments with your neighbor.
- Face-to-face involvement with neighbors to identify and explain the findings of a survey
- Active participation in negotiations when both property owners want to establish a new property line. Clients would need to engage TKM Land Surveyors LP for a lot line adjustment which would legally change the lot line(s). New legal descriptions and updated surveys would be filed with the county for this process. There is typically some compensation given by one neighbor to the party whose property size is reduced.
- Representation in Court as an Expert Witness working with the client’s legal team.
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* Service coverage area: TKM Land Surveyors LP offers services to prospective clients whose property is located in the cities mentioned below: Atherton | Campbell | Cupertino | Fremont | Gilroy | Los Altos | Los Altos Hills | Los Gatos | Menlo Park | Milpitas | Monte Sereno | Mountain View | Palo Alto | Portola Valley | Redwood City | San Jose | Santa Clara | Saratoga | Sunnyvale and other cities in Santa Clara County and San Mateo County.