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Questions about Boundary Disputes Law

When you own residential property, boundary disputes can often arise. There may be problems if you haven’t surveyed your land properly or cannot locate the results of the survey and use it as proof to fight encroachment.

Listed below are a few questions on boundary dispute related issues.

I have property which has been fenced for over 50 years in the Desoto Parish in Louisiana. I have a boundary dispute now with an outside entity that has encroached upon it based on the property description on file. What can I do?

If the property you own has been fenced for over 50 years and you are living on the property, then you should be able to file an action to “quiet title” and thereby gain possession of it. The Louisiana laws state that the requirement to do this is 10 years with a faulty title or 30 years to claim ownership (Louisiana CC §3474, 3469).

My property was surveyed back in 1965 and I now have a boundary dispute over it. Last month, my neighbors got their property surveyed and shortened my property by 18 inches. Another neighbor, whose property was not surveyed, is placing boundary markers on my property. What can I do?

You could try and resolve this by negotiating with the parties. If this doesn’t work, you could try mediation wherein an independent person can try to bring about a settlement among all the parties concerned.

If the two options above don’t work, then you could go to court. What often happens is that all parties get together, select an independent surveyor and agree to abide by the results of the survey. If the parties do not reach an agreement, the court can order an independent survey or reach a decision on the boundaries on its own. However, resolving this amongst yourselves will save you a lot of money as land disputes can be expensive.

Finally, since you do have a survey that clearly depicts your property boundary, you can prevent your neighbor from placing markers as it would amount to trespassing.

I have a boundary dispute with my neighbor over a residential lot in Wyoming since we can’t find our property markers. He says the fence is sitting two feet into his property line and he wants to move it. Can I pursue a claim against him since the fence has been standing for 20 years? What are my options to fight this?

You have a claim to the property through adverse possession. According to an Expert on JustAnswer “Adverse possession is the taking of title to real estate by possessing it for a certain period of time. To claim title by adverse possession you must have actual possession of it that is open, notorious, exclusive, and adverse to the claims of other persons to the title.”

The duration of adverse possession in Wyoming is ten years, per Wyoming Code §1-3-103. You need to file a suit to “quiet title” and then you can gain title to the land once the judge feels that you meet the necessary adverse possession conditions.

My neighbour insists on mowing two feet of my property which she claims is hers. What can I do in a boundary dispute like this?

You could get a property survey done and get the property staked to reveal the exact boundary. You could then write a certified letter telling her not to step onto your property and threaten her with a trespass action. Finally, you could build a fence on your property boundary to keep her out.

Fighting a boundary dispute can be difficult if you do not have adequate information about the laws of the state and your rights as an owner of a property.
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