Boundary disputes are both common and complex, often stemming from misunderstandings over property lines, encroachment issues, or conflicting property use. Such disputes can quickly escalate into emotional and legal challenges, impacting relationships and property values alike.
Whether it involves a fence built over a line or a neighbor’s landscaping extending beyond agreed boundaries, these situations require careful handling. In this blog, we explore the key steps for managing boundary disputes and real estate claims in Pennsylvania, including how a real estate lawyer can play an invaluable role in reaching an effective resolution.
Understanding Boundary Disputes in Pennsylvania
Boundary disputes occur when neighboring property owners disagree about where the property line is located or how one party’s property affects the other. These disputes might involve disagreements about fences, driveways, landscaping, or buildings. In Pennsylvania, these conflicts are governed by property deeds, surveys, and sometimes long-standing usage traditions known as "adverse possession."
Boundary disputes often arise from misunderstandings of property lines, inaccurate survey reports, or informal agreements made without official documentation. Consulting with a real estate lawyer can help clarify property boundaries and prevent the dispute from escalating.
Reviewing Property Surveys and Deeds
When facing a boundary dispute, the first step is to review property documents, including the deed and any available surveys. The deed outlines your property’s legal description, which can be crucial in determining the true property line. A surveyor can also assess the property to establish the exact boundary based on the legal description.
For example, suppose two neighbors disagree over the placement of a fence. One neighbor believes the fence sits within their property, while the other believes it encroaches onto their land. By reviewing the survey, a real estate lawyer can help verify if the fence location aligns with the official property line, potentially resolving the dispute before further legal action is needed.
Understanding Adverse Possession in Pennsylvania
Adverse possession is a legal principle in Pennsylvania that allows a person to claim ownership of a property they have openly used for an extended period, typically 21 years. For instance, if a neighbor has been using a portion of your property as their driveway without your objection, they may have grounds to claim that area through adverse possession.
However, proving adverse possession is complex and requires showing continuous, open, and hostile use of the land. A real estate lawyer can help assess whether a valid adverse possession claim exists or if there are ways to defend against such claims. It’s important to understand that once established, an adverse possession claim can permanently alter property boundaries, making early legal intervention essential.
Handling Encroachment Issues in Pennsylvania
Encroachment occurs when one property owner builds on or uses another’s property without permission, often unintentionally. Common examples include fences that extend over property lines or trees that grow in a way that affects a neighbor’s property. Encroachments can interfere with property rights, reduce property value, or create safety hazards.
If a neighbor’s tree, for instance, extends onto your property and threatens the safety of your structure, you may have grounds to request its removal. However, Pennsylvania law requires property owners to handle these situations carefully to avoid legal liability. A real estate lawyer can guide you in addressing encroachment diplomatically, such as requesting removal or negotiating a mutually acceptable solution.
Settling Boundary Disputes Through Mediation
For many homeowners, going to court is a last resort due to the time, expense, and stress involved. Mediation can provide an alternative approach to resolve boundary disputes more amicably. Through mediation, both parties work with a neutral third party to reach a mutually beneficial agreement, potentially avoiding the need for litigation.
For example, two neighbors disputing the location of a shared driveway could agree on a revised boundary line through mediation, creating a legally binding agreement that clarifies each party’s rights and responsibilities. A real estate lawyer can represent you in mediation, ensuring your interests are protected while working toward a solution that benefits both parties.
Filing a Quiet Title Action to Resolve Disputes
In cases where disputes cannot be resolved through negotiation or mediation, a quiet title action may be necessary. This legal process allows a property owner to establish clear ownership and boundary lines through a court ruling. A quiet title action can clarify property rights, resolve ownership disputes, and legally determine boundary lines.
For instance, if there’s a conflict over who owns a strip of land along a shared border, a quiet title action could help confirm ownership. Once the court rules, the judgment becomes part of the official property records, which can prevent future disputes. A real estate lawyer can guide you through the quiet title process, gathering evidence, preparing filings, and representing you in court.
Why Hire a Real Estate Lawyer for Boundary Disputes?
Boundary disputes are often legally and emotionally charged, requiring an understanding of property law, negotiation, and litigation. A real estate lawyer brings experience and knowledge to protect your rights and guide you through the complexities of the legal system. They can review property records, consult with surveyors, and explore possible solutions, including negotiation, mediation, or litigation, if needed.
For instance, if a neighboring property owner claims a portion of your land through adverse possession, your lawyer can investigate and potentially challenge the claim. With a real estate lawyer on your side, you’re better equipped to resolve the dispute efficiently, minimize costs, and protect your property rights.
Contact Tarasi & Tarasi: Your Trusted Real Estate Lawyer for Boundary Disputes in Pennsylvania
If you’re facing a boundary dispute or real estate claim in Pittsburgh, Penn Hills, Bethel Park, or elsewhere in Western Pennsylvania, don’t navigate the process alone. Elizabeth M. Tarasi of Tarasi & Tarasi offers experienced, dedicated support to help resolve property disputes and protect your rights. Our team understands Pennsylvania property law and is committed to providing effective solutions tailored to your needs
Call us today to discuss your case and find the best path forward. Reach out to Tarasi & Tarasi at 412-391-7135 for a consultation.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.
