Resolving Real Estate Boundary and Easement Issues By Robert L. Froerer on December 11, 2016

Some of the most common conflicts between neighbors involve boundaries and easements. Sometimes a simple survey of the properties and a review of the title can clear up disagreements over boundary lines. In other cases, an experienced real estate attorney is needed to help resolve the issue. At Froerer & Miles, our team of attorneys is experienced in helping clients resolve their real estate boundary and easement issues. We have extensive knowledge of the real estate laws affecting Ogden, UT and the surrounding areas and can help you and your neighbor reach an agreement.

Boundary Lines

A real estate boundary refers to your property line. These lines, typically displayed on Ogden’s tax maps, separate various parcels of land. In some cases, boundary lines are obvious, as they are separated by roads or bodies of water such as lakes or rivers. In other cases, they seem arbitrary, and are even more difficult to define and identify as the landscape changes over time. In most cases, when a residential property is concerned, boundary lines are outlined by fences and driveways. In some cases, however, a fence or driveway encroaches on the neighbor’s property, sometimes without either party realizing the error.

Easements

An easement allows other parties to legally use someone’s property for a specific purpose. Easements most commonly allow utility companies access to their power or cable lines. In other cases, a person’s property may be the only way to access public property, such as a beach. An easement can allow parties access to part of that person’s property in order to gain access to the public property beyond. Some easements are permanent, in that they transfer with the sale of the property, while some are only applicable until ownership is transferred to another party.

Resolving Boundary and Easement Disputes

If a dispute over a boundary or easement arises between yourself and a neighbor, you should first seek out the pertinent legal documents for each property. Then, you can come together to review boundary lines and easements outlined within these documents. This can potentially resolve your conflict without the need for litigation.

If, however, these legal documents are still unclear on your property lines or easements, you may need to hire a surveyor. If the information provided through a land survey still does not resolve your dispute, you may need legal intervention. At Froerer & Miles, our expert real estate attorneys can help you negotiate a compromise that is agreeable to both you and your neighbor.

Taking Legal Action

When a compromise still is not enough to resolve your conflict, you may have the option to sue for continuing trespass or ejectment. This can result in a judge requiring your neighbor to immediately vacate and discontinue use of any portion of your property. Another option is to seek a declaratory judgment. In this case, a judge will rule which party is the true owner of the property in question.