Few things can create instant animosity between neighbors than property line disputes. Tellingly, the term “land war” was used to describe civil unrest related to existing property ownership in Ireland in the late 19th century.
Then there was the story of the guy who built his house in the middle of a property line. Almost everyone thought the home site was entirely within the property owner’s boundaries. Records at the city office and the recorded deed showed that the construction site was well within the property lines. The house puts legal setbacks according to the information available. The city issued the necessary permits, banks approved loans, and major construction began. However, one of the neighbors had a few things to say about that place because his recorded deed showed a different adjoining property line. The disputing parties hired surveyors. The surveyor’s reports did little to clarify the location of the disputed boundary. Tempers flared. Ultimately, the dispute proceeded to legal action.
Most of the time the mistake is not as costly as having a house built in the middle of the legal limit. In most cases, it’s a new fence, tool shed, or garden feature that brings the discussion to the fore. How can a land owner protect himself when the documentation he relies on to determine property lines conflicts with the deed description of an adjoining property?
Scribner’s errors
Property owners should not rely on property line descriptions found in the city office, including copies of recorded deeds. To protect themselves, homeowners should start by looking at the recorded history of their property and adjoining lots. It could be a clerical error that went unnoticed in a historical deed and was incorporated into future deeds. While tedious, comparing historical records maintained by the local government registration authority with current land titles will identify these errors.
Measures and limits
Along with checking for any clerical errors in the deeds, it’s a smart precaution to get an up-to-date property line survey. Surveyors and engineers will be able to find legal property lines and placeholders. It is possible that one survey will differ from another. Depending on the records used as the basis of the survey, the mobile nature of some cairns, and even long-term use of the disputed property, problems with abutting ones can still occur.
lining it up
The most important step is to talk to the neighboring neighbors of the property before investing money in the construction or improvements of the property. If they are approached by neighbors before tempers flare, property line disputes can be resolved without starting a land war.