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Updated land surveys may help prevent real estate disputes

Let's say a Florida homeowner wants to erect a fence in his or her yard. If the desire is carried out without confirmation of property lines, real estate disputes may arise. One can only imagine the stress of building a brand new fence only to have a neighbor then contest that the fence encroaches on his or her property.

Obtaining a new land survey (even if one already exists from the current owner's purchase of the property in question) is a rather simple means for avoiding contentious debates over boundary lines. However, the age of property may impact the ability to conduct a new land survey. Topography often changes over time, and landmarks included in an original land survey (such as a stream or riverbed) may no longer exist, making referencing an original land survey for the purpose of creating a new one quite challenging.

This one of several reasons that a typical land survey may not resolve a boundary dispute. Filing a quiet title lawsuit is sometimes an option, which asks the court to intervene in identifying property lines. If the property in question has been used by someone other than the property owner for a number of years without dispute, the doctrine of adverse possession may affect the outcome of a property disagreement.

Real estate disputes often put a damper on neighborly relationships. In fact, some situations in the past have really gotten out of hand with angry neighbors damaging property or committing acts to impede construction progress on a particular project. An experienced Florida attorney can help diffuse such situations by acting on behalf of a concerned property owner in court.

Source: FindLaw, "Boundary Disputes", Accessed on Dec. 12, 2017

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