Property line disputes are a common issue among landowners. As such, it can cause both tension and legal challenges for frustrated neighbors. In Creek County, attempting to resolve these disputes requires all parties understanding their rights and responsibilities. Further, knowing what legal action is needed to be able to enforce property boundaries. Here, we’ll discuss what you need to know as well as when to seek legal assistance on the issue.
Understanding Your Property Lines
Before engaging in any disputes regarding property lines. you need to understand exactly where your property boundaries lie. This involves:
- Reviewing Property Deeds: Your property deed contains your property boundaries.
- Examining Survey Maps: Survey maps, which may be available from Creek County’s local records office, can provide a visual representation of your property lines.
- Hiring a Professional Surveyor: If these documents are both unclear, hiring a professional land surveyor allows you to get a new survey done. They can place markers on the land to indicate the property boundaries.
Once you have an understanding of your property boundaries, discuss the issue calmly and directly with your neighbor. Open communication can often resolve misunderstandings without further legal action. During this discussion, you should share documentation of your claims and try to reach a mutual agreement.
Mediation of Property Line Disputes
If direct communication doesn’t resolve the dispute, consider mediation as another option. Mediation involves a neutral third party who helps both sides come to a mutual agreement. It’s a less formal process than court proceedings and also better helps to preserve the relations between you and your neighbor. Most professional mediation comes at a cost, so prepare to pay for this type of service. In most circumstances this financial burden is split between the parties if the disagreement is a mutual issue.
Legal Remedies for Property Line Disputes
If mediation fails, then you may need to resort to legal action to be able to enforce your property rights. Before resorting to legal action, there are some steps you must anticipate taking. In Creek County, this typically involves:
- Sending a Formal Letter: Before initiating legal proceedings, sending a formal letter through your attorney can show your seriousness. This letter outlines the dispute, the evidence for your claim, and a demand for resolving the issue. These are often referred to as cease and desist letters.
- Filing a Lawsuit: If the neighbor is unresponsive or disagrees, the next step may be to file a lawsuit. You will need to provide evidence such as the deed and survey results. A judge or jury will then determine the rightful property boundaries and issue a ruling.
If the court rules in your favor, it may issue an order that clearly defines the property boundaries. Further, they may require the neighbor to remove any encroachments. It’s important to follow up and ensure the implementation of the court’s decisions.
Creek County Property Attorneys
While property line disputes can be frustrating and confusing, there are steps you can take to resolve them. Before taking legal action, be sure you’ve done your research and attempt to reach mutual solutions. It may be beneficial to you to consult with a property attorney throughout the process to ensure you’re following all local laws and regulations.
If you’re currently dealing with property line disputes, our team at Creek County Attorneys will fight to protect your property rights and provide the best possible legal strategy for your case. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.
