Florida Real Estate Law: How To Resolve Boundary Disputes

An argument over boundary lines can be stressful. Whether because of an inaccurate deed, an unrecorded one, or simply a disagreement with a neighbor, boundary disputes are a common challenge in Florida real estate. While some boundary disputes can be solved over a conversation, others demand legal navigation. At The Law Offices of Gary I. Handin, P.A., our real estate law attorneys are experienced in handling these matters and helping clients reach the results they want and deserve.

What Are Boundary Disputes?

A boundary dispute analyzes whether you or your neighbor is encroaching on someone’s property. These neighbor disputes are common in real estate law and arise when the legal boundaries of a plot of land are called into question. The deed of a property will stipulate the borders of the property, but disagreements over where those borders actually fall can lead to significant conflict between adjoining landowners.

When a boundary dispute occurs in Florida, it’s important you deal with it quickly. A lawyer can help you order a survey from a licensed surveyor, who will locate the boundary of the property based on the description in the deed. This can help determine whether any land is being encroached on and provide clarity for both parties.

Common Causes of Boundary Disputes

There are several different instances when a boundary line can lead to a disagreement. When the boundary lines are blurred, a number of disputes may arise.

• Agreed boundary line disputes arise when boundary lines aren’t documented. This is particularly common when a neighbor decides to move, renovate, or make changes to the property.
• Boundary line acquiescence involves a new boundary line being determined, overruling the boundary line stipulated in the property deed.
• Zoning issues emerge based on zoning laws and are common in commercial property disputes.
• Title disputes are a common issue among adjoining property owners who clash over who owns a piece of property.

What Is a Title Search?

A title search looks for any recorded documents for your property. It can show any deeds or easements that may affect your property line. For example, a previous owner may have given an easement to a neighbor that you are just now learning about after purchasing the land. A lawyer who specializes in real estate law can determine if you have a valid claim and pursue litigation if you cannot reach an agreement with the other party.

Can Property Lines Change Over Time?

Property boundaries are not always permanent. Under certain circumstances, property lines can change. These changes need to be legally documented and confirmed in writing. A licensed surveyor can also help ascertain the boundary lines by placing official markers.

Boundaries can be adapted within certain circumstances, such as the following:

• An agreement is reached about an uncertain boundary line
• Through acquiescence, including implying consent by maintaining silence
• By estoppel or a prior legal decision outlining a current property disagreement
• Adverse possession, whereby an individual earns the right to a piece of land by using it for a specific period of time

Even with these possible reasons for change, there may be nuanced differences in each situation, so understanding the details of boundary disputes is valuable before taking action.

Ways to Reset a Boundary Line

There are different ways to legally reset a boundary line when a dispute arises. Below are the most common methods used in Florida.

Quitclaim Deed

A quitclaim deed is a written and signed legal document that is used to transfer the ownership of a property. Usually, it is used between a previous owner and a new owner.

A quitclaim deed can also be used to settle boundary disputes when owners of adjoining properties establish a clear boundary together. After agreeing on where they want it to be, the decision is confirmed in writing with the help of an attorney.

Owner’s Agreements

In some instances, the boundary line may be unclear in deeds or maps. Adjoining neighbors can agree on a new boundary line as long as the situation meets certain requirements, such as the following:

• Genuine uncertainty about where the true boundary lies
• Both landowners must agree on the new boundary line
• An agreement should be reached to treat the new boundary line as the real one
• The agreed boundary line must be visible on the ground

While a neighbor’s agreement doesn’t need to be in writing to confirm legality, doing so can avoid confusion and disputes in the future.

Court Decision

In the instance where the boundary line is unclear and the owners can’t agree, then the court may determine a boundary by using a court-ordered survey.

Dealing with Boundary Disputes: Practical Steps

Florida real estate law offers clear ways to resolve boundary disputes. Here are practical steps to follow when you find yourself in a property line conflict.

Always consult with a real estate law attorney prior to speaking with a neighbor. They specialize in these matters and can give professional advice on how to proceed. Show them supporting documents such as deeds, property surveys, or insurance paperwork, as it may help you achieve a positive outcome.

In many cases, the area and value of the land in question are so small that it is best to avoid court. A mediator can help give both parties a realistic look at what will occur if the dispute proceeds into court. Being as open and honest with your neighbor, including providing any evidence of your claim, helps ensure you get the results you’re looking for.

If the law is on your side, then you can send a demand letter to your neighbor, or even proceed to court or try to reach a settlement. Our real estate law attorney can send a demand letter that offers to settle with a compromise of how to divide the property. It may also offer or request monetary compensation to settle the boundary dispute.

Types of Lawsuits Regarding Boundary Disputes

When negotiations and mediation fail to resolve a boundary dispute, there are two common lawsuits associated with boundary disputes in Florida:

1. Declaratory judgment: This allows a judge to determine to whom the land actually belongs. With this lawsuit, no monetary damages are involved.
2. Ejectment: Also known as a continuing trespass action, this involves asking a court to find that your neighbor has trespassed on your land. If they are found on your property, they must have any possessions or added structures off your land immediately. If you can prove that the value of your property has lowered, you may also be eligible for damages.

When to Hire a Real Estate Attorney for a Boundary Dispute

When you want to resolve boundary disputes with a neighbor, hiring a real estate law attorney early is essential. An experienced attorney can help you with every step of the process, from ordering a property survey and conducting a title search to sending demand letters and representing you in court if necessary.

The Law Offices of Gary I. Handin, P.A. has more than 50 years of experience in offering legal services to residents in Coral Springs and beyond. Whether you’re struggling with a boundary dispute or any other real estate matter, our legal team represents clients in these property disputes with skill and dedication. We have years of experience helping our clients get the results they want and deserve, and we serve all of Broward, Miami-Dade, and West Palm Beach counties.

Contact us online today or call us at 954-796-9600 to schedule a consultation with a local real estate attorney and learn more about how we can help resolve your boundary dispute.