Common Property Line Issues At The Lake
In a perfect world, all property lines would be clearly drawn, and all property owners would respect those lines. Neighboring homeowners could live together in peace and harmony, each enjoying the benefits of his own land.
While many neighboring homeowners are able to share space harmoniously, many other homeowners find that maintaining clear-cut boundaries is not always as simple as it seems. This week, Phillips, McElyea, Carpenter, & Welch, P.C. is here to examine some of the common sources of property line disputes and what can be done to resolve them.
Common Boundary Disputes
Here are a few examples of the boundary issues neighboring homeowners may encounter.
Fences
The purpose of a fence seems relatively obvious - fences are designed to identify property lines so that what should remain on the property is contained (such as a pet), and what should remain off the property is deterred from entering (such as other pets or people). Unfortunately, the use of fences is not always this cut-and-dried.
In some cases, a fence is used to provide a visual boundary of the exact property line. When a fence follows along a property line exactly, half of it is on one neighbor's land and the other half is on the other's. In these situations, the fence may technically belong to both property owners and maintaining the fence may be a shared responsibility. Challenges may present when one neighbor fails to uphold this responsibility.
Sometimes, a fence may be positioned within the boundary lines so that it belongs to only one property owner. If it is built without specific knowledge of the property lines, part of the fence may cross the line and unlawfully encroach on the neighbor's property. If it has been there long enough, however, it may be granted legal access through adverse possession. An experienced Lake of the Ozarks real estate attorney will be able to help you navigate these tricky situations.
Pets
Have you ever noticed your neighbor's cat or dog wandering around your property? Even if you are a devout animal lover, you may find yourself feeling annoyed or frustrated at your neighbor's pet's continued presence. A territorial tomcat may pick fights with your own pets, or a wandering dog may leave unwanted "presents" in your yard.
Most cities and towns have ordinances mandating that pets be contained on their owners' properties. Homeowners associations often have additional regulations. Unfortunately, getting people to abide by these ordinances is sometimes easier said than done.
Trees
The ownership of trees generally falls in accordance with ownership of the land upon which the tree is growing. If a tree is located well within a property's boundaries, its ownership is undisputed. However, the lines become blurred when a tree is located directly along a property line or near enough to one that while its trunk is one one piece of property, its branches and roots are on the other. This can present challenges if one property owner wishes to remove the tree or remove branches, while the other owner wishes the tree to remain intact as it is.
Neighbors
Pets aren't the only creatures with a tendency to wander. In some cases, property owners themselves have been known to cross boundary lines and make unlawful use of their neighbors' land. This is especially common in rural areas, such as the outer regions of the Lake of the Ozarks area. If you find your neighbor hiking, hunting, fishing, or camping on your property without your permission, you may be able to seek legal recourse.
Contact Phillips, McElyea, Carpenter, & Welch, P.C. For Assistance
If you have questions about property boundary disputes or believe you may have the grounds for a lawsuit, we encourage you to contact one of our real estate attorneys at the Lake of the Ozarks. Our experienced mediators and litigators have the knowledge and skills you need to protect your rights and your property.
If you would like more information about property boundary disputes in Mid-Missouri, please don't hesitate to reach out. You can contact us online at www.pmcwlaw.com or by phone at 573-346-7231. We look forward to working with you.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
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While many neighboring homeowners are able to share space harmoniously, many other homeowners find that maintaining clear-cut boundaries is not always as simple as it seems. This week, Phillips, McElyea, Carpenter, & Welch, P.C. is here to examine some of the common sources of property line disputes and what can be done to resolve them.
Common Boundary Disputes
Here are a few examples of the boundary issues neighboring homeowners may encounter.
Fences
The purpose of a fence seems relatively obvious - fences are designed to identify property lines so that what should remain on the property is contained (such as a pet), and what should remain off the property is deterred from entering (such as other pets or people). Unfortunately, the use of fences is not always this cut-and-dried.
In some cases, a fence is used to provide a visual boundary of the exact property line. When a fence follows along a property line exactly, half of it is on one neighbor's land and the other half is on the other's. In these situations, the fence may technically belong to both property owners and maintaining the fence may be a shared responsibility. Challenges may present when one neighbor fails to uphold this responsibility.
Sometimes, a fence may be positioned within the boundary lines so that it belongs to only one property owner. If it is built without specific knowledge of the property lines, part of the fence may cross the line and unlawfully encroach on the neighbor's property. If it has been there long enough, however, it may be granted legal access through adverse possession. An experienced Lake of the Ozarks real estate attorney will be able to help you navigate these tricky situations.
Pets
Most cities and towns have ordinances mandating that pets be contained on their owners' properties. Homeowners associations often have additional regulations. Unfortunately, getting people to abide by these ordinances is sometimes easier said than done.
Trees
The ownership of trees generally falls in accordance with ownership of the land upon which the tree is growing. If a tree is located well within a property's boundaries, its ownership is undisputed. However, the lines become blurred when a tree is located directly along a property line or near enough to one that while its trunk is one one piece of property, its branches and roots are on the other. This can present challenges if one property owner wishes to remove the tree or remove branches, while the other owner wishes the tree to remain intact as it is.
Neighbors
Pets aren't the only creatures with a tendency to wander. In some cases, property owners themselves have been known to cross boundary lines and make unlawful use of their neighbors' land. This is especially common in rural areas, such as the outer regions of the Lake of the Ozarks area. If you find your neighbor hiking, hunting, fishing, or camping on your property without your permission, you may be able to seek legal recourse.
Contact Phillips, McElyea, Carpenter, & Welch, P.C. For Assistance
If you have questions about property boundary disputes or believe you may have the grounds for a lawsuit, we encourage you to contact one of our real estate attorneys at the Lake of the Ozarks. Our experienced mediators and litigators have the knowledge and skills you need to protect your rights and your property.
If you would like more information about property boundary disputes in Mid-Missouri, please don't hesitate to reach out. You can contact us online at www.pmcwlaw.com or by phone at 573-346-7231. We look forward to working with you.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
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