Neighbor Argument

25 Oct. 22

Real Estate Boundary and Property Line Disputes in Alton, IL

Knowing and establishing where your property line begins and ends with your neighbors is important for preventing any disputes. A poor understanding of such things can lead to legal battles that could have been avoided. Here we will be discussing what you need to know about your property line and boundaries along with how disputes can play out in Alton, IL.

Real Estate LawYour Property Lines and Boundaries

Property lines and boundaries are the lines that a county’s tax map defines as your land and nobody else’s. It can be easy to identify, especially if you live in an apartment, for example, however for those who own a home in a residential area, things can get complicated. Sometimes there are natural boundaries that help define the lines such as a pond or a field, however that is not always an option. In situations like these, you cannot just spot the property line visually.

How Disputes Arise

Your neighbors are likely not going to try to start random arguments with your regarding property lines in Alton, IL, that is unless you give them a reason to like setting up a fence in the wrong spot. If you fail to clear up property improvements like this with your neighbors, they can use that as a case against you. If it violates their property line. Be curious about your neighbors and don’t give them a reason to come after you.

When a Dispute Starts

If a dispute between you and your neighbor is started regarding boundaries and property lines, you need to be proactive in the matter. Schedule time to discuss the issue with your neighbor and bring legal documents like plat maps, deeds, property surveys, and anything else you can prove to your neighbor that you are in the right. Your neighbor may continue the dispute after you have shown them all of these facts, in this case, it is a good idea to hire a mediator who can keep the best interest of both parties and offer options that can be better than options that would have been given in court.

Title Insurance in the Dispute

Title insurance cannot be used in your dispute as those companies have policies that specifically prevent them from being brought into disputes over matters such as this. The language on such policies can vary between companies, but generally, companies that provide title insurance try their hardest to avoid being dragged into these situations. You can review your policy anyways to see what options it may give you, however typically in the best-case scenario, it can help you with legal representation in the dispute.

Property Line DisputeHiring A Lawyer for A Property Line Dispute

It is not always possible to solve these kinds of disputes on your own, even if you have already hired a land surveyor or mediator. It is not a bad idea to hire an attorney for these disputes if all else fails. Filing a lawsuit again your neighbor should never be an option on the table at the start. You don’t want to be stuck living next to them after that for the foreseeable future. If you decide to file a lawsuit, it typically goes down two roads:

  • Continuing Trespass or Ejectment Lawsuit: When suing for continuing trespass or ejectment action, you are essentially asking a judge to find your neighbor is trespassing on your land and that neighbor and all possessions need to be removed from your land. This can let you win money for potential damages, especially if their presence on your land caused damage to the value of your home.
  • Declaratory Judgement Lawsuit: When suing for declaratory judgment, you are asking the judge to decide if you own the land in question or not. This does not typically award money afterward for damages and it just ensures that you do indeed own the land.

If you are looking for an attorney who can assist you in your property line or boundary case in Alton, IL, give our team of experts over at Diaz Law Offices today!