Boundary disputes are a common occurrence. They normally arise due to confusion or uncertainty, and, in most cases, lead to devaluation of your property. For example, you can assume that your fence is placed in the right position when it is not. If your neighbor notices, they might file a complaint claiming that you did so intentionally and vice-versa. Reading and interpreting surveys and legal documents in an incorrect manner can also lead to disputes. Boundary disputes fall in the most challenging category of real estate law. Here are several types of border disputes and how an Austin, TX real estate lawyer may help you solve them.
Trespassing
Being accused of trespassing means that you have made an unauthorized entry to another person’s property. Moreover, trespassing disputes can arise if you cause another object or person to enter on said property. This can include domestic animals, pets, large equipment, vehicles, or guided drones. A real estate lawyer may help you to:
- Ascertain that you are the legal owner of the said property
- Show that the defendant intentionally made physical entry
- Prove beyond a reasonable doubt that the trespass caused damage to your property
By using the Lawyer Referral Service of Central Texas (LRS), you will get a competent Texas lawyer to help you recover the damages.
Encroachment
Encroachment is when your neighbor makes a physical intrusion into your land which can either be vegetative, structural, or nonstructural. Mostly, this intrusion is in the form of a house or fence. Such intrusion can happen without your knowledge especially if you are not aware of the proper land survey. Therefore, if you are suspicious of such, consider seeking the services of a reputable real estate attorney who will advise you on the best way forward. These intrusions can lead to very large disputes, especially if there are structures involved as the other property owner may want to avoid incurring losses. However, if your claims are in correspondence with Texas real estate law, you will stand a chance of recovering your land.
Adverse Possession
In some instances, an individual can use your piece of land for an extended period of time and feel as if it has legally become theirs. This can happen with or without your knowledge. If there is an agreement between the landowner and the occupant, the Texas statute allows possession period of 3, 5 or 10 years. However, if the occupant has improved the value of the land, they might raise disputes with the aim of adversely possessing it. Winning against an adverse possession claim is not easy. Hence, you will need the services of a real estate lawyer to guide you through the process.
Declaratory Judgment
Some border disputes are so intense that the only way of resolving them is through court trials. As such, to resolve these disputes, the jury will have to make a declaration that might not be in your favor, especially if your claim is weak. Mostly, this type of judgment happens when there are no written laws in connection with the border dispute in question. To ensure that you prevail, you should consider using the services of an experienced real estate lawyer. You can do this by contacting LRS intake staff to be connected to an Austin lawyer.
Border disputes can arise at any instance and if not handled professionally, they can lead to devaluation of your property. However, at Lawyer Referral Services of Central Texas, you will get a referral to an experienced real estate attorney to guide you through every step of the way.
