How Disputes Over Property Boundaries Are Resolved Legally
Neighbor disputes often start with a simple disagreement about where one yard ends and another begins. You may discover that a fence, driveway, shed, tree line, or other feature does not match the boundary described in your property's legal documents. In other cases, questions may arise because you and your neighbor have used the land a certain way for many years.
At Kleiman & Wolfe, S.C., we help property owners understand the source of boundary disputes and determine what legal options may be available. With an office in Marinette, Wisconsin, we serve clients throughout Northeastern Wisconsin and the Upper Peninsula of Michigan. Contact us today to schedule a consultation.
Reviewing Deeds, Surveys, and Other Property Records
When you have a boundary dispute, you first need to determine where the documented property line lies and why you and your neighbor disagree about it. Your deed, legal description, title records, existing surveys, plats, and other property records may provide important information about the boundary.
You should not assume that an existing fence, hedge, or other physical marker follows the legal property line. A previous owner may have placed it somewhere else, or a shed, driveway, addition, or landscaping may extend across the surveyed boundary.
In Wisconsin, a professional land surveyor reviews relevant property records and field measurements to determine the surveyed position of a parcel's boundaries. Although a survey can provide important evidence, it may not resolve a dispute involving years of prior land use, which may raise issues such as adverse possession or acquiescence.
Under Wisconsin's general rule, a person may establish title after 20 years of qualifying adverse possession, although shorter periods may apply in certain circumstances. Long-term use alone does not establish ownership because the person claiming adverse possession must meet specific legal requirements concerning the occupation and use of the property. Michigan has different requirements and time periods, so the analysis may differ for property in the Upper Peninsula.
Negotiating With the Neighboring Property Owner
Once you understand the boundary issue, you may be able to resolve it directly with your neighbor. You may not need to go to court, particularly if the disagreement involves a misplaced fence, an encroachment, or another problem that both of you are willing to address.
You and your neighbor may also consider mediation. A neutral mediator can help both of you discuss possible solutions without asking a judge to decide the dispute. If you reach an agreement through negotiation or mediation, you may avoid some of the cost and disruption associated with litigation.
Our real estate attorney, Caleb Kleiman, and our team can review the available information to help you understand your position before you negotiate. We can also communicate with your neighbor, prepare a written proposal, and help evaluate the terms of a possible resolution. If you reach an agreement, we can help document the terms and identify any additional steps needed to carry it out.
Documenting an Agreed Property Boundary
If you and your neighbor reach an agreement, you may need more than a handshake to resolve the issue. Proper documentation can clarify what you agreed to and reduce uncertainty about the property rights involved.
The appropriate document depends on the nature of your dispute and the resolution you reach. For example, the resolution may require a written agreement, a deed, or another property document, depending on what you and your neighbor have agreed to and how the agreement affects your property rights.
This is especially important when the dispute affects title or the location of a boundary. A properly prepared document can create a record of your agreement and clarify how it affects the properties. Depending on the circumstances, you may also need to record the appropriate document so that it becomes part of the property's public record.
We can review the terms you and your neighbor have agreed to, determine what documents may be appropriate, and prepare or review the necessary paperwork. We can also explain whether the document should be recorded and help you complete the additional steps needed to put the agreement into effect.
Asking a Court to Determine Property Rights
If you and your neighbor cannot resolve the dispute, you may need to ask a court to determine your property rights. In Wisconsin, Chapter 841 allows a person who claims an interest in real property to bring an action against another person who claims a conflicting interest. The court can then determine the parties' respective interests in the property.
Depending on the circumstances, your case may involve:
An action involving title or property rights: You may ask the court to determine competing interests in the property and clarify your respective rights.
Injunctive relief: You may ask the court to order your neighbor to stop certain conduct or address an encroachment when the facts and law support that remedy. The court does not automatically grant an injunction simply because you request one.
Trespass: If your neighbor enters or interferes with your property without authorization, the circumstances may support a trespass claim.
Adverse possession or another boundary claim: You or your neighbor may claim rights based on how the disputed land has been occupied or treated over time. These claims require a close review of the property's history and the applicable legal requirements.
If the dispute goes to court, you will need evidence that supports your position. This may include property records, information about physical boundary markers, and evidence showing how the disputed land has been used over time. The court can review that evidence and determine the parties' rights under Wisconsin law.
If your property is in Michigan's Upper Peninsula, the legal claims and requirements may differ. We can review the law that applies to the location of your property and determine which options may be available.
Address a Property Boundary Dispute Before It Escalates
A property-line disagreement can become more difficult when construction continues, an encroachment remains in place, or the dispute involves years of prior land use. Addressing the issue early gives you an opportunity to gather records, identify the source of the disagreement, and consider whether you can resolve it without litigation.
At Kleiman & Wolfe, S.C., our practice includes Attorney Kleiman, whose work focuses on real estate and business law. Through our real estate law services, we assist with property matters involving deeds, easements, ownership rights, and other real estate concerns. We can review the circumstances of your boundary dispute and help you determine how to address it through negotiation, documentation, or court action when necessary.
From our office in Marinette, Wisconsin, we serve clients throughout Northeastern Wisconsin and the Upper Peninsula of Michigan. Call us now to schedule a consultation about your property boundary dispute.
