Boundary issues can be unexpected and frustrating for a property owner. You may feel that your area is well-defined, but ownership and property values could be affected if a dispute arises showing differences for a plat or deed. Because your real estate investments are important, it is helpful to work with an experienced lawyer who understands boundary issues if such a dispute arises.
In some cases, adverse possession may be used to resolve a disputed boundary issue. This principle involves the use of property by an adjoining owner for a defined length of time. In such a case, the individual using the land in question must be physically present, and the use must be obvious for an unbroken period of time. In addressing these issues with your lawyer, you will want to be able to identify how long the area in question has been in use. You will also want to identify whether the actual owner has been aware of the situation and whether a complaint has ever been raised over the issue. Another critical issue related to encroachment and adverse possession is who has been responsible for the payment of property taxes.