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From building a privacy fence to planning a home expansion, various situations could lead to land disputes between neighbors. If you believe a neighbor is encroaching on your boundary lines, contact an attorney to discuss the situation. Based on the circumstances, they might determine your situation falls under one of the boundary dispute categories highlighted here. 

What Are the Different Types of Boundary Disputes?

1. Lot Line Discrepancies 

Neighbors might disagree over where the boundary lines for their individual lots are located. This could be the case if either owner was given property line information that contradicts what is on the original property records. This issue is often unearthed when one person wants to refinance their house or embark on a property expansion project. 

Canton-Georgia-land-disputes

To remedy the issue, a property surveyor can determine where the lot line is actually located. They will use the original property records as a guide.

2. Improvement Placement

A land dispute can occur when one person's improvement—such as a driveway, outbuilding, or another permanent structure—is either partially or completely on another person's property. The person whose land has been built on illegally can request that their neighbor remove the structure entirely or relocate it to their side of the boundary line. 

If neither of these options is possible, the person can also grant an easement or license to their neighbor. This means the neighbor can keep their improvement where it is but must pay a one-time or ongoing fee to use the other person's property.

3. Access Arguments  

Depending on how lots are situated, one person might need to cut through another person's land to reach a road or use another person's driveway for parking. Land disputes over access can be solved in various ways. 

First, the property owner can refer to public records to determine whether an easement or license was established with the former owner. If there was an agreement in place, the current property owner can make sure it continues to be enforced. Otherwise, the property owner can negotiate an easement or lease with the neighbor. If an agreement can't be reached, the property owner can file a civil lawsuit against the neighbor for damages. 

 

If you believe a boundary or land dispute with a neighbor might occur, contact the lawyers at Dyer & Rusbridge, P.C. in Canton, GA. With over 50 years of combined experience in real estate law, the counselors will negotiate a settlement and provide contract preparation on your behalf or litigate the case if an agreement can't be reached. See how the legal team helps Cherokee County clients online and call (770) 479-7418 for a consultation. 

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