How Can a Real Estate Attorney Help Resolve Disputes with Property Titles or Boundaries?

Published October 19th, 2023 by Klafehn, Heise & Johnson P.L.L.C.

Property title and boundary disputes can quickly escalate and disrupt the peace of mind that comes with owning real estate. Fortunately, a real estate attorney can play a pivotal role in resolving these disputes effectively. In this article, we'll explore the common issues related to property titles and boundaries and how an experienced attorney can assist in finding solutions. Klafehn, Heise & Johnson PLLC, located in Brockport, NY, is here to provide the legal guidance you need to protect your property interests.

Understanding Property Title and Boundary Disputes

Property disputes can arise for various reasons, including:

  1. Boundary Disagreements: Neighbors may disagree about the exact location of property lines, particularly in relation to improvements like fences or structures.
  2. Easements: Disputes can occur when one party has the right to use or access another party's property, such as a shared driveway or path.
  3. Clouded Titles: A cloud on a title refers to any claim or uncertainty about property ownership, which can hinder a sale or refinance.
  4. Adverse Possession: This legal concept allows someone to gain ownership of another's property through continuous and hostile possession for a specified period, typically many years.
  5. Encroachments: Encroachments happen when a structure, like a building, fence or tree, extends beyond the property line onto an adjacent property.

How a Real Estate Attorney Can Help

  1. Title Examination: Attorneys can conduct a thorough examination of property titles to identify any issues or claims that need resolution.
  2. Negotiation: Negotiation can be a cost-effective and amicable way to resolve property disputes. Attorneys can facilitate these discussions to reach mutually acceptable agreements.
  3. Instrument Surveys: Attorneys can coordinate instrument surveys to determine the exact property lines and resolve disputes based on factual information.
  4. Easement Negotiations: Attorneys can assist in negotiating easements that address the rights and responsibilities of both parties.
  5. Litigation: In cases where disputes cannot be resolved through negotiation or mediation, attorneys can provide legal representation and advocate for your interests in court.
  6. Title Clearing: If a cloud on your title is discovered, attorneys can help clear the title and ensure it's marketable (or at least insurable) for future transactions.

Protecting Your Property Interests

Property title and boundary disputes can be emotionally and financially draining. Seeking the assistance of a qualified real estate attorney is a proactive step in safeguarding your property interests and finding a resolution that best serves your needs.

At Klafehn, Heise & Johnson PLLC in Brockport, NY, our experienced real estate attorneys have a deep understanding of New York property laws and can guide you through the complexities of resolving title and boundary disputes. If you're facing such challenges, don't hesitate to contact us at  (585) 637-3911 for professional legal assistance and a path toward a resolution.

Legal Disclaimer: This article provides general information about property title and boundary disputes and the role of a real estate attorney in resolving them. It should not be construed as legal advice or a substitute for consulting with an attorney. Each property dispute is unique, and laws can vary from state to state. For specific legal advice and guidance tailored to your situation and circumstances, consult with the attorneys at Klafehn, Heise & Johnson PLLC. Portions of this account are considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.

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