Buying a new piece of property often requires you to take a survey of your boundaries to ensure you are getting the right land. Unfortunately, these surveys may reveal surprising issues that may require professional civil legal litigation to manage. Here is a little more information on property surveys, and what to do next if you discover discrepancies.
A New Survey May Reveal Property Issues
If civil law requires you to make a new survey of your property when buying it, you may run into some surprising problems. That's because property lines are often wrong or were set ages ago when surveying wasn't as accurate. As a result, you may find that your property is either larger or smaller than you were anticipating.
This situation is always a troubling one because it may end up causing property issues. For example, you may find that a neighbor's garage or even their house is partially on your land. Even a small portion, such as a corner, can create a civil dispute that may be very difficult and complex to figure out.
Boundary Disputes Can Be Heated
While many types of civil litigation can be very difficult and passionate, boundary disputes are often very heated. People who are suddenly told that their property isn't what they thought often get quite angry and pursue these cases with vigor.
They may believe that their older surveys are right or try to argue a "grandfather clause" for their case, stating that their existence on the property predates the survey and is, therefore, okay. These arguments are weak and are usually pretty easy to beat in court. However, these cases aren't always a simple win.
When Litigation Is Necessary
Litigation in these kinds of cases might seem like an open-and-shut case. After all, a survey revealed new information about your boundaries and your neighbor has to compensate you either by moving their home or paying a rental fee. However, civil law also allows your neighbor to make their own survey, which may be in dispute with yours.
In these instances, the court may require a third survey be performed by a non-biased group. This survey may be the one that the court uses to decide on your boundary lines. However, your civil litigation lawyer may also dispute this claim and try to get your survey accepted as the official boundaries.
The trickiest aspect of these cases occurs when multiple surveys reveal conflicting information. As a result, it is important to contact a civil litigation expert. They can navigate the difficult legal issues of these cases and ensure that it doesn't end up impossible to understand.Share