A Firm Built on Experience, Dedication And
A Strong Commitment
To Your Best Interest

How to Handle Disputed Property Lines in Lenoir County


How Can I Determine My Property Lines in Lenoir County?

The first step in resolving a disputed property line is to understand where your property boundaries lie. In North Carolina, you can find this information in your property deed, which should contain a legal description of your property’s boundaries. If the description is unclear, you may need to hire a professional land surveyor. They can accurately measure and mark your property lines based on the legal description in your deed and other public records. Remember, have a clear understanding of your property lines before taking any further steps. Misunderstandings can lead to unnecessary disputes with your neighbors and could potentially result in legal action.

What If My Neighbor and I Disagree on the Property Line?

Disagreements over property lines can often be resolved through open communication and mutual understanding. If you and your neighbor have differing views on where the boundary lies, try discussing the matter calmly and objectively. You might find that your neighbor is simply unaware of the legal property lines, and a friendly conversation could resolve the issue. However, if the dispute persists, you might consider mediation. In Lenoir County, there are professional mediators who specialize in property disputes. They can help facilitate a conversation between you and your neighbor, guiding you towards a mutually agreeable solution.

What If My Neighbor Builds on My Property?

Imagine this scenario: you wake up one morning to find that your neighbor has started construction on what appears to be your property.

This is a common issue that arises in property line disputes and can escalate tensions quickly. In North Carolina, if your neighbor builds on your property without your consent, it’s considered a form of trespassing. You have the right to request that they cease construction and remove any structures they’ve built. If they refuse, you may need to take legal action. In such a case, an experienced lawyer can help you file an injunction, which is a court order that would require your neighbor to stop construction and remove any structures they’ve built on your property. Your lawyer can also help you seek damages for any harm caused to your property.

What If the Disputed Property Is a Shared Driveway or Path?

Shared driveways or paths can often lead to property disputes, especially if there’s confusion over who is responsible for maintenance or if one party wants to make changes to the shared area. In North Carolina, the rights and responsibilities of each party are usually outlined in the property deeds or in a separate agreement. If such an agreement doesn’t exist or is unclear, you may need to negotiate a new agreement with your neighbor or seek a court order to clarify the situation.

What If I Need to Access My Neighbor’s Property to Repair My Home?

Sometimes, you might need to access your neighbor’s property to repair or maintain your own home. For instance, if your home’s gutter is damaged and you need to use your neighbor’s yard to fix it, you might wonder what your rights are. In North Carolina, you generally have the right to make necessary repairs to your property, even if it means temporarily encroaching on your neighbor’s land. However, you must cause as little inconvenience as possible and must repair any damage you cause.

What Legal Steps Can I Take to Resolve a Property Line Dispute?

If friendly discussions and mediation fail to resolve the dispute, you may need to take legal action. In North Carolina, you can file a lawsuit to “quiet title.” This is a legal action that asks the court to determine the rightful owner of a piece of property. In such a case, you would need to provide evidence supporting your claim to the disputed property line. This could include your deed, a professional land survey, and any other relevant documents. The court would then examine this evidence, along with any evidence presented by your neighbor, to make a final determination.

What If I’ve Been Using a Piece of Land That Isn’t Mine?

In some cases, you might have been using a piece of land that you believed was yours, only to discover later that it’s actually your neighbor’s property. This can happen if a previous owner built a fence or other structure that encroached on a neighbor’s land, and you inherited the mistake when you bought the property. Under North Carolina law, you might still have a claim to the land through a legal concept called “adverse possession.” This is a complex area of law, but essentially, if you’ve been using a piece of land openly, continuously, and exclusively for a certain period of time (usually 20 years in North Carolina), you may be able to claim ownership of that land. However, proving adverse possession can be challenging and requires a deep understanding of North Carolina property law.

What If My Neighbor’s Tree Falls on My Property?

Another common property line dispute in Lenoir County involves trees and other natural features. For instance, what happens if your neighbor’s tree falls on your property, causing damage? Who is responsible for the cleanup and repair costs? In North Carolina, the general rule is that you are responsible for what falls into your yard, even if it comes from your neighbor’s tree. However, if the tree was dead or diseased and your neighbor knew about it but did nothing, they could be held responsible for the damage.

How Can an Experienced Lawyer Help with My Property Line Dispute?

An experienced lawyer can provide invaluable assistance for a property line dispute. They can help you understand your legal rights, gather necessary evidence, and represent your interests in court if necessary. They can also help you build a strong case by gathering and presenting evidence in the most effective way. A lawyer can negotiate on your behalf during mediation or settlement discussions. They can ensure that your rights are protected and that any agreement reached is legally binding and enforceable. If you find yourself in a property line dispute in Lenoir County, call the Swindell Law Firm today at 252-262-1325 for a free case evaluation!

Related Articles