Whether you're a real estate agent, a homebuyer, or a seller, knowing the details around avoiding boundary disputes is essential for a smooth property transaction. Boundary disputes can delay the selling or buying process, lead to costly legal issues, and cause stress to all parties involved. To help you avoid such pitfalls, here are straightforward steps to ensure there are no boundary disputes on the house you're looking to buy or sell.

Obtain a Title Search

The first and foremost step is to get a title search. A title search is an examination of public records to confirm a property's legal ownership and find any encumbrances or liens on the property. Importantly for boundary issues, a title search can sometimes reveal historical information or recorded documents that might hint at past boundary concerns.

Review the Property's Legal Description

Every property has a legal description that outlines its boundaries, far more accurately than its street address. The property deed, a legal document outlining ownership, should contain a detailed description of your land's boundaries or references to a recorded subdivision plat. Review the legal description in the property's deed or the title report. If there's any confusion or any part of it raises questions, consult a real estate attorney or a title company for clarity.

Schedule a Survey

Hiring a professional land surveyor can provide a visual representation of the property lines. A survey will detail the property's boundaries, structures, and any encroachments. If discrepancies exist between the legal description and the actual property boundaries, a survey can provide evidence to rectify the issue. This official document, marked by surveyor flags and recorded with local authorities, establishes your property's rightful borders, serving as a concrete reference point if questions arise.

If the property has previous owners, older surveys might be available. Reviewing these can give insights into any past boundary issues or disputes. They can also provide context if the new survey's findings differ from previous ones.

Talk to Neighbors

Open, transparent communication is the key to successful working relationships and real estate transactions. That also applies to talking with neighbors about boundary lines. Establishing a friendly relationship with potential neighbors can give you insights into any known boundary issues. They might have experienced disputes in the past or have knowledge of property lines that can be beneficial. While not a substitute for official documentation, open communication can provide valuable insights and facilitate amicable resolutions if discrepancies arise.

Check for Physical Boundary Markers

Over time, properties may have markers like metal rods, stakes, stone markers, or fences that indicate boundaries. While they can be a good reference, don't solely rely on these, as they can sometimes be misleading. Markers can be moved, misinterpreted, or may not accurately reflect the legally defined boundaries. Always cross-reference with a professional survey.

Obtain Title Insurance

Title insurance is essential for homebuyers. Title insurance for property owners is designed to protect your investment in the event a title issue is discovered after the title search. It protects against any unforeseen claims, liens, or disputes arising after purchasing the property. If a boundary dispute arises after the purchase, title insurance can help cover legal fees or other related costs.

Address Discrepancies Immediately

If any discrepancies in property boundaries are discovered at any stage, it's crucial to address them immediately. Resolving these issues before finalizing the real estate transaction is generally far simpler and less expensive than dealing with them afterward. This might involve consulting with legal counsel, negotiating with neighbors, or pursuing mediation to find a mutually agreeable solution.

Take a Proactive Approach

Avoiding boundary disputes is a proactive process that benefits everyone involved in a real estate transaction. By diligently following these steps and seeking expert advice when needed, you can help ensure a smooth and secure property transfer. Remember, being thorough, proactive, and seeking expert advice can make all the difference in avoiding boundary disputes.

Attorney’s Title Group is a full-service real estate title and closing company and our team can assist with all of your title search and title insurance needs. We have in-house attorneys who can advise on the best course of action when it comes to navigating real estate complexities like boundary issues. Don’t hesitate to reach out to the ATG team if you have questions – click here for our contact information.