Boundary disputes can kick off when neighbors don’t agree about where one property ends and another begins. If they aren’t handled carefully, these minor skirmishes can quickly devolve into serious legal problems. Resolving boundary issues quickly saves you stress, money, and time. It can also help you maintain a civil relationship with the folks next door. To properly address the issue, it helps to understand Missouri’s property laws and to have records that clearly show where your property lines lie.
If you are dealing with a boundary line dispute, the Missouri real estate lawyers at Wegmann Law Firm can help. We will take the time to understand your concerns, explain your legal options, and work with you to protect your property and reach a fair solution.
Common Missouri Property Line Disputes
There are several kinds of problems that can come up when people disagree about property lines. These disputes are common between neighbors or between businesses that share a border. They can also happen when a business is built close to someone’s home. Most of the time, these issues start because people are unsure about where the legal boundary of the property actually is.
Common property line disputes in Missouri include:
Agreed Boundary Lines Disputes
Agreed boundary lines are property lines that aren’t written down in official records but are simply agreed on by the neighbors themselves. Neighbors can, sometimes, resolve a dispute by clearly agreeing on where the line should be. However, problems can come up later, especially if one neighbor moves away and the new owner does not agree with the old arrangement.
Boundary Line Acquiescence
Boundary line acquiescence says that, in some cases, property lines can be determined by the way neighbors have behaved over the course of many years, even if that boundary does not match what is on the deed. If two neighbors treat a specific marker as their property boundary for long enough, the law could decide to accept that as the actual property line. This can cause problems down the road if a court later decides that the boundary actually lies elsewhere, causing one neighbor to cede part of their land.
Zoning Issues
Zoning laws, quite unsurprisingly, give rise to zoning issues. Zoning laws dictate how much of the land can be built on, how tall buildings can be, and how land may be used. Each zone, like industrial, commercial, or residential, has its own set of rules. Property line problems can crop up when people disagree about where the line is located, especially if it affects whether or not business activities are permitted in that spot. Zoning issues can also involve questions about who can access or use certain public areas.
Title Disputes
Title disputes happen when neighbors disagree about who actually owns a certain piece of land. The disagreement can be about a whole property or just a small area, like an alley or the space between two houses.
Disputes over property lines can become even more confounding when the city or local government is involved. Councils or city boards sometimes decide where boundaries are based on how the land has been used over time, outdated maps, and other local information. If the city interferes with a homeowner’s property rights or takes their land, the homeowner may be eligible to take legal action against the city.
Common Legal Remedies for Missouri Property Line Disputes
If the owners can’t work things out themselves, property line disagreements can end up in court. Sometimes, a judge may decide that the boundary needs to be remarked or corrected, and they may rely on GPS measurements or a professional surveyor to work out exactly where the line is.
If one person’s actions cause harm to their neighbor, a court may make them pay for the damage. This money is meant to cover losses, such as the cost of fixing the boundary line or removing and rebuilding anything that was put in the wrong place. For example, this can happen if a neighbor builds a fence that ends up on someone else’s property.
Do Property Lines Change in Missouri?
Yup, as previously mentioned, property lines can change. Property lines are usually worked out by a trained surveyor. The surveyor finds the exact edges of the property and then writes a report that includes things like:
- A map of the property
- Information about nearby properties
- Easements
- Improvements on the property
First, the surveyor will look at the most recent deed, which will explain where the land is located and what the boundaries are. They also look into the property’s history by conducting a title search, which will show who has owned has the land in the past and how it was consigned from one person to another.
When you hire a licensed land surveyor, they will visit your property and use colorful flags to mark your boundary lines. Different surveyors charge different prices and work in different areas, so you may need to do some digging to find the best one for your needs.
How much the survey costs is typically dictated by:
- The square footage of the land
- Whether there is already a good map
- Where the land is located
- When the land was last surveyed
Discuss Your Boundary Dispute Case With a Missouri Real Estate Lawyer
Property line problems can get confusing fast, especially if the city or county is involved. That’s why it’s important to reach out to an experienced Missouri real estate lawyer as soon as you think there may be an issue. A lawyer can look into the history of your land, review old documents, and figure out what legal options you have. If someone claims you built on their property by mistake, your lawyer can explain any defenses you might have. They can also help you work toward a fair agreement with your neighbor and, if needed, stand up for you in court.
If you’re dealing with a property line dispute, the Missouri real estate lawyers at Wegmann Law Firm are here to help. Call us at (636) 797-2665 or reach out online to get trusted guidance and protect your property rights.
