what kind of attorney do i need for land dispute

Whether you are a business, homeowner, or property developer, a land use and zoning lawyer can help challenge a municipality' s zoning regulation and land use restriction. Use FindLaw to hire a local land use and zoning lawyer to help you gain or protect your right to use your property as you want.

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How to settle a land dispute?

You've come to the right place. Whether you are a business, homeowner, or property developer, a land use and zoning lawyer can help challenge a municipality's zoning regulation and land use restriction. Use FindLaw to hire a local land use and zoning lawyer to help you gain or protect your right to use your property as you want.

Who interprets laws and settles legal disputes?

Quash or annul a law, permit, or decree legitimising a land “grab”. Stop someone else occupying land, controlling it, or infringing your rights. Prevent a forced eviction. Enable you to return to land you have been evicted from. Provide you with (rights to) alternative land or re-housing.

What to do about conflicting property boundaries?

Aug 12, 2019 · Send a Demand Letter. A demand letter from your attorney to your neighbor is the next step toward proceeding to court. This letter will explain the situation, request action, and/or contain an offer to settle, such as a compromise to divide the property at issue. Your neighbor will most likely send your letter on to his or her attorney.

How to handle property disputes with land surveying?

Feb 08, 2013 · Matthew Roman Kamula. An attorney versed in contract, real property, and quite possibly litigation will be the type of attorney you need to resolve this particular issue. A thorough analysis of the pros and cons of your situation (i.e. property value, property location, time value of money, the cost of your time, any contracts or writings relative to the property showing your co …

How do you handle land disputes?

You file a petition before SDO writing all your grievances, give a copy of it to District Magistrate, SP & local police station. Request them to verify and demarcate your land so that you can put your boundary, also request them to provide police force so that any possible fight should be avoided.Jun 9, 2018

How do you dispute a property?

You have to prove the title of the property through appropriate documentary evidence. Dispute pertaining to a property, often arise through claims from legal heirs, co-owners, disputes over easement rights, wrong representation by the seller, improper description of the property in the title deed, etc.Oct 12, 2021

What is an example of a property dispute?

Most property disputes arise from disagreements over rightful ownership, responsibility for repairs, zoning issues, or situations where events on one property impact another. For example, a dispute may arise when a new home blocks the view on another property or when there is a disagreement about the property line.Jun 11, 2021

How do you deal with a Neighbour dispute over boundaries?

If you know where the boundary is and you don't need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can - make a note of what you agreed. If you don't feel comfortable speaking to them, write to them or ask someone to contact them for you.Feb 15, 2018

What is land dispute?

A “land dispute” involves conflicting claims to rights in land by two or more parties, focused on a particular piece of land, which can be addressed within the existing legal framework. Land disputes may or may not reflect some broader conflict over land.

Is going to resolve disputes related to land?

According to estimates by CPR's Land Rights Initiative (LRI), these disputes constitute 30% of all land litigation in the Supreme Court over the past 70 years. ... Thus, it is clear that in the face of state acquisition of land, when people have legally recognized land rights, they go to court.

What are the 4 types of boundary disputes?

Broadly speaking, the majority of these disputes can be broken down into four categories:Lot line disputes.Fence, landscaping, and outbuilding disputes.Access disputes.Adverse possession claims.Nov 25, 2020

Is there a time limit on boundary disputes?

Is there a time limit on boundary disputes? Most cases have a twelve year limitation date.May 24, 2021

Can a Neighbour claim your land?

In simple terms, the law means that if a neighbour of yours moves their fence by a few metres one year, and you do not complain or even mention it for a certain period of time, they could then legally claim to be the owners and occupiers of the land.

What can I do if my Neighbour takes my land?

My neighbour has taken part of my garden. What can I do?Step 1 – Talk to your neighbour. ... Step 2 – Talk to a property disputes expert. ... Step 3 – Expert opinion or mediation. ... Step 4 – Think about court proceedings or making a reference to the Land Registry.Aug 26, 2020

Who pays for a boundary dispute?

Boundary Dispute Court Costs will usually be awarded to the winning party, but will not necessarily be 100% recovered from the losing paying party, and it should be expected that you will not fully recoup your legal fees on assessment.

How do you legally change property lines?

How to Amend Property LinesTalk to your neighbor to see if she will allow you to purchase enough additional property to move the boundary line to the desired location. ... Enter into a boundary line agreement. ... File a court action to establish the property boundaries.More items...

What is the best way to resolve boundary disputes?

There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no matter which side of the fence or property line you’re on. A lawsuit against a neighbor is seldom a good idea.

How to file a lawsuit against a neighbor?

Be ready for your neighbor's defenses, and review the strength of your possible responses before you decide to file a lawsuit. A neighbor's most likely defenses with regard to a boundary dispute might include: 1 You have the facts wrong, or have incorrectly read the deed to your property. 2 Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years to gain ownership over it. 3 Property use established a prescriptive easement, authorizing your neighbor to come across your property. 4 You gave consent to use your property. 5 You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out.

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

What to do if your deeds are unclear?

If your deeds or existing surveys are unclear, you and your neighbor might agree to hire a land surveyor to give you an objective report regarding the property boundaries. If factual information isn't resolving the dispute, you might also hire a mediator to facilitate a negotiation between you and your neighbor.

What is boundary dispute?

A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...

What is a prescriptive easement?

Property use established a prescriptive easement, authorizing your neighbor to come across your property. You gave consent to use your property. You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out.

What is declaratory judgment?

This is a way to put your dispute in front of a judge, who will make a legal determination as to whether or not you own the subject land. A declaratory judgment is, perhaps, a less aggressive form of litigation, since it does not ordinarily include an award of money damages (unlike trespass).

How to stop someone from occupying your land?

Stop someone else occupying land, controlling it, or infringing your rights. Prevent a forced eviction. Enable you to return to land you have been evicted from. Provide you with (rights to) alternative land or re-housing. You may obtain the right to other land even if you do not recover your own land.

What can a court order do?

If you go to court and you are successful, the court may be able to do all or any of the following: Declare that you are owner of the land or that you are entitled to occupy, use, or enjoy the land. Quash or annul a law, permit, or decree legitimising a land “grab”.

What are the legal consequences of proving corruption?

Legal results of proving corruption could include: contracts under which land has been transferred may be challenged or cancelled. governmental grants, concessions, permits or decrees may be challenged or cancelled. Action may be easier in an investor-state court than in the courts of the host state.

What is an insurance company?

Insurers. Those who have taken or bought produce from the land. For example, if land is seized illegally to grow palm oil, which is then sold to a foreign company, you may be able to claim against that company in its home country.

What is a community group?

Sometimes, a group of individuals lacking official title to land can form community organisations or trusts to advance a claim for the benefit of all. Organisations such as NGOs or conservation groups. Local and national government.

Where is the best starting point for a court?

The Courts, national or local. The best starting point is in the national or local court where the land in question is located . However this is not always possible or practical due to poor access to justice, lack of impartiality, or intimidation. Foreign Courts.

Do women have rights to land?

Women usually have fewer legally-recognised rights to land than men. Land disputes often involve discrimination against women, infringement of their rights and other gender issues. In many developing countries, it is women who work on the land and gather food and water from it.

How to settle a dispute without a trial?

Most disputes can settle without a trial, so proceed with settlement in mind even as you remain prepared for a possible legal battle. Consider mediation as a way to reach a settlement.

What to do if you can't agree with your neighbor?

If you’re still unable to come to an agreement with your neighbor, file a complaint. Consider a “quiet file,” which means you ask the court to consider all of your evidence and arguments and decide who owns the land. Preparing for litigation requires a great deal of paperwork.

What does a surveyor do?

In a survey, a licensed surveyor will physically locate the boundary of your land to determine if your boundaries are where you think they are. The title search will find every document related to your property, while the appraisal will tell you the market value of the property. Some of this may have been done when you purchased the property, ...

What is a demand letter from a neighbor?

A demand letter from your attorney to your neighbor is the next step toward proceeding to court. This letter will explain the situation, request action, and/or contain an offer to settle, such as a compromise to divide the property at issue. Your neighbor will most likely send your letter on to his or her attorney.

What to do before you do anything else?

Before you do anything else, make sure you understand the facts regarding the property in question. Nothing can be resolved until all of the facts leading to the current situation are clear.

Can property boundary disputes be resolved without legal action?

Unfortunately, not all property boundary disputes can be resolved without legal action. If private discussions with your neighbor have not produced a resolution both of you can agree on, it’s time to get an attorney.

Can landowners dispute neighbors?

It’s not unusual for landowners to get into disputes with adjacent neighbors, even if they have a friendly relationship. Sometimes a deed description is inaccurate. In other cases, someone may have overestimated the extent of their land and built a fence past their property line.

Matthew Roman Kamula

An attorney versed in contract, real property, and quite possibly litigation will be the type of attorney you need to resolve this particular issue. A thorough analysis of the pros and cons of your situation (i.e.

Carol Anne Johnson

You need a real property attorney who has experience with partition petitions. You will need to have a petition filed to ask the local court to partition the property, which will ultimately require its sale on the courthouse steps or by a Realtor, if you have one.

Jimmy Allen Davis

Generally any attorney can, however one with familiar with property law would be most comfortable with the issues you describe. A lot of them advertise their skills as real estate attorneys. I would start there if I were you.#N#Best of luck...

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What does it mean when a neighbor asks for a lawyer?

It may simply mean that the neighbor wants to understand the options fully. After all, you sought out an attorney first. Sharing any information you have, including surveys, title work, and appraisals, can show you are being open and honest and are willing to work towards a resolution.

Why do most disputes settle short of trial?

Because most disputes settle short of trial, it often wise to proceed with an eye towards settlement, keeping relationships cordial and costs down, while remaining prepared for trial if it becomes unavoidable. The court may even require you to attempt mediation in order to reach a settlement.

What does it mean when your neighbor is not willing to negotiate?

However, your actions may also put your neighbor on the defensive. Your neighbor is likely to forward your letter to his or her attorney. Do not be offended, or interpret this to mean the neighbor is not willing to negotiate or compromise. It may simply mean that the neighbor wants to understand the options fully.

What to do if your neighbor doesn't know you have a boundary issue?

A personal visit, phone call, letter, or even an email from you will be better received than a letter from your attorney, or actions like filing a complaint or placing stakes or ribbons on the land you claim is yours. That's especially true if your neighbor doesn't yet know that you believe there's a boundary issue.

What happens if you don't get a demand letter?

If the demand letter and other negotiations among your respective attorneys are not getting you the hoped-for results, it may be time to file a complaint in circuit court, most likely to "quiet title." This means you ask the court to consider all your evidence and arguments (and your neighbor's evidence and arguments) and decide who legally owns the land at issue.

What does an appraisal tell you?

An appraisal will tell you the market value of the piece of property in dispute. A title search will find all recorded documents in the chain of title of your property, and will show if there are any easements or deeds that may affect your ownership interest in the property.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

2 attorney answers

Any MA lawyer who handles real property transactions can likely competently handle this case.

Brian Wyld Freeman

Any MA lawyer who handles real property transactions can likely competently handle this case.

Neighbor Disputes Attorneys

When neighborhood disputes go beyond who borrowed whose lawn mower last, its time to get an experienced attorney who understands property and ownership laws in your area. Don’t let a neighborhood dispute escalate further, and don’t let neighbors take advantage of your property or belongings without your consent.

Types of Neighbor Disputes Where an Attorney May be Needed

There are as many different kinds of neighborhood disputes as there are types of neighbors, but attorneys who specialize in neighborhood disputes in your area may be able to help. The most common reason for neighborhood disputes include:

Who Can Be Involved in A Property Dispute?

• Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. Neighbors; 2. Landlords and Tenants; 3. Homeowner Associations (HOAs); 4. Trespassers; 5. Family Members; 6. Builders and Developers; 7. Government Agencies; and/or 8…

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What Are Some Common Types of Property Disputes?

What Is A “Cloud” on Title?

What Remedies Are Available For Property Disputes?

Do I Need An Attorney If I Have A Property Dispute?

Defining Boundaries and Property Lines

• What are boundaries or property lines? Essentially, these are the lines on a county’s tax map that define and set apart different parcels of land. In condominium units, these sorts of “lines” are very simple, since you can easily spot the “beginning” and “end” of an apartment unit. But boundary lines can become more complicated in single-family residential, suburban, or rural settings. Whil…

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Will Title Insurance Cover The Dispute?

How A Lawyer Can Help with Your Boundary Dispute

Property Improvements A Common Source of Boundary Disputes

Anticipate Defenses Your Neighbor Might Raise

Questions For Your Attorney