| Why do land boundaries sometimes conflict? Most | | | | land. |
| often, boundary disputes arise after confusing | | | | When a boundary survey is conducted, a |
| legal descriptions cause two landowners to lay | | | | surveyor locates the boundaries of the property |
| claim to the same tract of land. The deeds in | | | | on the ground, as described in your deed. This |
| question may actually describe the same area of | | | | step should always be taken before constructing |
| land, or a confusing description may simply cause | | | | anything, such as a fence, that you believe will |
| two landowners without an adequate background | | | | approach the property line. If conflicts exist |
| in reading such descriptions to believe that the | | | | between your surveyor's interpretation of the |
| land is theirs. Faulty legal descriptions may have | | | | boundary and your neighbor's interpretation of the |
| been written and recorded by people lacking | | | | boundary, the surveyor should attempt to |
| proper qualifications, such as laypeople without | | | | determine why and advise you on proper |
| surveying experience. | | | | remedies. While a survey is crucial for bargaining |
| Many such cases arose in the history of the | | | | or mediation, a legal determination of property |
| United States, particularly when land was granted | | | | ownership in the case of a dispute can only be |
| by European government officials who had not | | | | settled by the courts. Qualified land surveyors can |
| actually visited North America and were relying on | | | | act as expert witnesses during a court case to |
| inaccurate maps. In addition, historical methods of | | | | settle such disputes. If you think that it may |
| land surveying, such as the metes and bounds | | | | come to this, be sure to ask your land surveyor |
| system, relied on monuments likely to change | | | | whether they are willing and able to testify as an |
| over time, such as trees. Such descriptions of the | | | | expert witness before you hire them for your |
| land may be difficult or impossible to decipher | | | | boundary survey. |
| based on today's geographical realities. | | | | Once an encroaching structure has been built, it is |
| In some cases, boundary disputes arise simply | | | | imperative that the legal owner of the land brings |
| because the legal boundaries were not checked | | | | this into question as soon as possible. In some |
| prior to construction. This is why a land survey is | | | | instances, long established occupation of an area, |
| crucial before construction begins on any | | | | such as a long-ago built fence, will actually take |
| structure, particularly if its placement is believed | | | | precedence over the legal title to the land. This is |
| to approach the legal property boundary. Knowing | | | | known as "adverse possession." In order to lay |
| where your property boundaries are will reduce | | | | claim to an area of land in this manner, a court |
| the potential for future conflicts. Difficult neighbors | | | | proceeding is required. In order to take control |
| may ignore surveys to suit their own purposes, | | | | over the land through adverse possession, one |
| of course, but a land survey conducted by a | | | | must show that occupation of the land was open |
| professional land surveyor is critical evidence of | | | | and known by the true owner. If the true owner |
| the legal boundary. If a boundary is called into | | | | contests this occupation of the land in a timely |
| question for any reason, a survey can be an | | | | manner, the land cannot be taken from them |
| important bargaining or mediation tool to set an | | | | through adverse possession. |
| agreed-upon boundary between two parcels of | | | | |