How a Real Estate Attorney in Santa Monica Can Help Resolve Property Boundary Disputes

Where is the boundary dispute for property owners and why does it matter? What is the usual misunderstanding between land and property is only a minor issue and it can escalate into a very expensive legal fight. A fence, driveway, retaining wall, landscaping, easement or new construction is the first and last thing you should consider before taking action. How Santa Monica can help you resolve a boundary dispute? A real estate attorney Santa Monica can referee boundary disputes, interpret property records, work out a resolution and, when necessary, represent clients. Resolution of boundary disputes early can avoid expensive or even impossible for the owner to do or will lose the property value.

What do property owners mean by boundary dispute?

A property boundary dispute is when neighbors disagree on where a piece of land will be on the same plot or how land can be used.

Many of these disputes arise after the survey at the first time, but they are compounded with time, after fences are moved, landscapes are expanded and improvements are made without a firm determination on the property borders.

Boundary disputes are especially prevalent in older neighborhoods where original surveys may be decades old or where multiple owners have changed the property over time. Santa Monica has a vast array of residential and commercial properties and many have been renovated or redeveloped to produce uncertainty over property lines.

Boundary disputes, as so often, begin with honest mistakes, not malice. A new fence may be put up in front of the legal property line, but later on it ends up on adjacent land. In other cases, the landscape, retaining walls, patios or driveways may gradually creep across the boundary.

There could be disagreements over easements that allow one property owner to only use a small area of another property owner’s land. Utility easements, shared driveways, access roads and drainage easements are among the sources of conflict when property owners disagree about maintenance responsibilities or permitted uses.

Construction projects often lead to a discovery of old problems that are not being seen before. Before the addition of ADUs, pools or commercial improvement work, surveys might reveal encroachments that need to be addressed before permits or financing can be sought.

Why Surveys Matter.

A professional land survey is often one of the first pieces of evidence used to resolve a boundary dispute. Surveys establish the legal boundaries in recorded property documents and compare them to existing improvements on the property.

While surveys can provide useful information, they don’t always resolve disputes. Neighboring owners may resort to different surveys, historical property records and long-standing patterns of use to back up their claims.

A genuine real estate attorney can scan survey results alongside deeds, title documents, subdivision maps and recorded easements to assess the strength of each party’s legal claims.

Encroachments Can Affect Property Value.

An encroachment occurs when some of what is in one property is extended onto the property of the neighbor. Fences, garages, decks, walls, sheds, trees, irrigation systems or driveways crossing legal property lines can be examples of encroachment.

Even small encroachments can hinder future real estate transactions. Buyers, lenders and title companies often require that these issues be resolved before closing.

If an encroachment is left unresolved, refinancing will be delayed, marketability will suffer or future owners will be faced with additional legal risks. Quickly fixing encroachments can help preserve property value and transaction timelines.

Disputes Can Get Complex.

Not every complaint is about who owns the land. Easement disputes involve the right to use one person’s property for a specific purpose.

Some easements are recorded with the property, others occur after long-term use or court decisions. There are often questions about whether there is still an easement, how much access it has or if one of the owners of the property has gone beyond the purpose of the easement.

Because easement law requires extensive legal analysis, it is often very helpful to have experienced legal advice when it comes to the interpretation of written documents and applicable California law.

Negotiation Often Resolves Disputes.

Many property disputes can be resolved in a way that does not result in lengthy legal processes. Once both sides understand the legal limits of the situation and what evidence is available for them, negotiations often make sense and there is no undue expense involved.

Possible resolutions can be boundary line agreements, easement modifications, property lines that can be extended, licenses on the property and maintenance responsibilities in the future.

Such negotiated solutions can also be guaranteed to be assured to neighbors and to maintain good relationships.

An experienced real estate lawyer can craft legally enforceable agreements that outline each party’s rights and responsibilities in the future.

Litigation Might Be Necessary.

Sometimes property owners don’t share ownership, access rights or financial damages so litigation is needed.

Boundary litigation can occur in the form of survey data, historical property records, witness testimony, title research, expert opinions and court interpretation of California property law.

Courts can determine property ownership, order encroachments to be removed, establish easement rights, award damages or issue injunctions to prevent such intrusion.

While litigation is generally considered a last resort, it can be the only way to a permanent legal solution.

Buyers Should Check the Boundaries Before Buying Property

If there are boundary issues at hand before the transaction, preliminary title reports, existing surveys, easements and disclosure documents should be read and the process should be followed.

Fences, shared driveways, retaining walls along the boundary, or buildings close to the boundary should be closely analyzed before getting into the transaction.

Legal review during the purchase process can flag potential issues before they become expensive disputes when ownership transfers take place.

Property disputes get more expensive as time goes on. Delays enable disputes to develop, increase legal costs, complicate future sales, and further sow division among adjacent owners.

When the real estate agent takes a property to the market early and assesses the legal options in place, then a decision is made for one’s property and not the other— even if that wrong-making is made in the context of property rights.

So early intervention is also important as it ensures that the evidence can be preserved and negotiations are productive and so there is less opportunity for lengthy litigation.

Conclusion

Property boundary disputes are much more than fence disputes or property line disputes. They impact the rights to purchase, sell and build the real estate.

If there is an encroachment, easement, survey difference and property records are disputed, the issue needs to be resolved to protect the rights of both the legal and financial entities.

Real estate professionals in Santa Monica can review the facts, explain the California property laws, negotiate practical solutions, and represent clients when a legal dispute arises.

When boundary disputes are settled in a timely way, the real estate investment will be protected and no legal entanglements will present themselves.