The civil courts hear litigated cases related to real estate frequently. Sometimes, there are disputes about undisclosed defects after a real estate transaction. Other times, issues could arise years after acquiring a property.
Neighborly disputes about property boundaries and land use are common, and sometimes they require the intervention of the civil courts. For example, if a neighbor has consistently violated the property line between two parcels and has gone so far as to erect a fence that crosses the boundary between properties, a lawsuit might be necessary to preserve the property and avoid future issues.
Adverse possession claims can lead to losses
If one party consistently uses real property that belongs to another openly, they may eventually be able to assert that they have acquired adverse possession of that land. A neighbor who infringes on another parcel by building over the boundary line could eventually ask the courts to recognize them as the owner of the land that is technically part of a neighbor’s parcel.
Claims of adverse possession without color of title generally require 20 years of open and continuous use of the property. That being said, acting promptly instead of waiting years is the most effective way to prevent adverse possession claims and similar complications stemming from boundary violations.
Filing a civil lawsuit can lead to the courts intervening and protecting a property owner. A fence that is over a boundary line could eventually alter the boundary line if one of the owners doesn’t take appropriate action.