Boundary disputes can theoretically affect any type of real property. Businesses and individuals might try to access, use or even build on property that technically belongs to someone else.
When property owners realize that someone else has started using their land or intends to build on their property, they may need to respond by initiating civil litigation. A lawsuit can help protect property owners from continued boundary conflicts with neighbors and the economic harm that could come from boundary violations.
How do the civil courts typically address boundary disputes that trigger lawsuits?
Issuing injunctions
Frequently, a pending boundary-related real estate lawsuit requires a preliminary injunction. The courts can issue a temporary order preventing construction or otherwise limiting actions that could worsen the impact of boundary violations.
The courts can also issue injunctions as part of the final resolution to a lawsuit. They can order a property owner to remove improvements erected over the boundary line between parcels or forbid future boundary violations.
Awarding damages
In some cases, boundary disputes can lead to economic harm. A neighbor might cut a tree down that they think is on their property, but it actually belongs to their neighbor. In such cases, the courts can award damages to the property owner affected by the violation.
Approving title corrections
In some cases, inaccurate legal descriptions or conflicting deeds may contribute to a boundary dispute between neighbors. Judges can theoretically issue orders to adjust county title records to prevent future disputes related to the same parcel(s).
Those dealing with a boundary dispute often need to consult with an attorney and review their property records carefully. Successful real estate litigation can help resolve boundary disputes and compensate those dealing with financial or business setbacks because of a boundary violation.