Some of the most common legal issues affecting landowners relate to the boundaries between their own real estate and adjacent properties. These borderlines — whether visible or not — ensure that neighboring landowners are aware of their property limits and that they don’t infringe upon each other’s grounds. Sometimes, however, landowners fail to pay attention to these boundaries, which can cause considerable stress for everyone involved.
At Grisham & Kendall, PLLC, our team of property dispute & real estate attorneys have more than 20 years of experience helping landowners litigate real estate claims. If you have any questions about property disputes, or if you would like to discuss your claim, call our attorneys at (713) 999-5085 to find out how we can help you arrive an agreeable resolution.
Property disputes vary as widely as types of terrain, and, as such, having a knowledgeable lawyer on your side can be invaluable when it comes to the property dispute process. At Grisham & Kendall, PLLC, we are prepared to help you with property disputes including:
When you’re facing a situation in which other parties fail to keep a fence or other structure on their own property — or if you are being accused of not abiding by your own property lines — contact our legal team today. We’re here to help.
The attorneys at Grisham & Kendall, PLLC have represented property owners in Dallas and Houston for more than 20 years. If you believe your land is being encroached upon, we may be able to assist. For many property dispute claims, we operate on a contingency basis. That means you don’t pay anything unless we successfully resolve complaints on your behalf.
If you’re involved in a property dispute, you may be wondering if you can resolve the issue on your own. If you choose to pursue this route, here are a few frequently asked questions and their respective answers.
If you and your neighbor cannot agree over what land belongs to whom, it’s likely time to examine resolution options. Begin by comparing property deeds to determine if it’s a simple misunderstanding — or if it’s more contentious. If necessary, pay a visit to your local tax assessor’s office to discuss the issue. If it’s more than a misunderstanding, you can ask the tax assessor for additional resources, including a land survey. Your county’s tax assessment office should have a record of all property in the jurisdiction, as well as a record of any alterations or easements. Sometimes, however, litigation is the only way to resolve a property line dispute.
If you find yourself in this situation, which is among the most common property disputes, start by having a survey done to be certain that your land is being infringed upon. If the fence is indeed on your property, calmly approach your neighbor to discuss a resolution rather than attempting to remove the fence yourself. If your neighbor is unwilling to negotiate, it’s time to recruit a property dispute attorney to determine what your options are. In some cases, a note on an attorney’s letterhead is all it takes to resolve the issue. In other cases, the dispute may have to go to before a judge in order to be resolved. And if the case is decided in your favor, you can typically get the fence removed and recover a significant portion of your legal expenses.
To find the answer to this question, you’ll likely need to check with your local building and planning department and refer to your local zoning laws. Keep in mind that some structures require a building permit, zoning variance, or conditional-use permit. Depending upon where you live, the zoning laws will vary. If you plan on constructing a brand-new garage, for instance, the requirements will usually be considerably more strict.
If your neighbor puts up a structure that encroaches on — or above — your territory, there are a number of ways to handle that infringement. Begin by making sure you know exactly where the boundaries of your property are, then speak with your neighbor about moving the structure or establishing a mutually agreeable alternate arrangement. If both you and your neighbor agree to leave the encroachment in place, provide the owner of the adjacent property with written permission to use your land. In many cases, this will limit any future disputes regarding the property. If, however, your neighbor is unable or unwilling to remove the encroachment, consider selling the encroached-upon property to them. Yet before doing so, be sure to contact your mortgage lender to ensure the land records are current and notated accordingly. Generally, a local real estate attorney will help you get these documents in order. If, however, all else fails, a trip to court may be required to eliminate the encroachment.
Protecting the boundaries of your property should be a priority for every landowner. Yet if your neighbors are a little too close for comfort, we’re here to help. Call the attorneys at Grisham & Kendall, PLLC at (713) 999-5085 to discuss your case.