Blog : The Role of Land Surveys in Resolving Boundary Disputes

The Role of Land Surveys in Resolving Boundary Disputes

Land surveys provide a clear, precise, and legally recognized determination of property boundaries. Here’s how they can help resolve boundary disputes:

1. Establishing the True Property Lines

A professional land surveyor will use advanced tools and techniques to determine the exact boundaries of a property based on historical records, physical markers, and legal descriptions. By providing an accurate map of the property lines, a land survey eliminates any ambiguity that may have caused the dispute.

Why This Matters Legally:

• An accurate survey serves as an authoritative source of evidence in court, helping judges or mediators make informed decisions.
• It clarifies property rights, reducing the likelihood of further legal conflicts or misunderstandings.

2. Preventing Future Disputes

Having an up-to-date land survey on file can prevent disputes before they even start. By clearly defining where one property ends and another begins, surveys help ensure that any new construction, fencing, or landscaping stays within the correct boundaries.

Legal Benefits:

• Provides legal documentation to support your property claims, protecting your interests in any future disputes.
• Helps you make informed decisions when buying or selling property, reducing the risk of potential conflicts with neighbors or prospective buyers.

3. Providing Evidence in Legal Proceedings

If a boundary dispute escalates to a legal battle, a certified land survey is often the most compelling piece of evidence you can present in court. Courts typically rely on surveys conducted by licensed professionals to determine the true boundaries of a property.

Key Points for Legal Evidence:

• Professional Credibility: A survey conducted by a licensed land surveyor carries significant weight in court because it is based on scientific measurement, legal research, and professional expertise.
• Historical Data: Surveyors often review historical documents, including deeds, previous surveys, subdivision plats, and other records, to trace the property’s history and establish boundaries accurately.
• Expert Testimony: A surveyor may also serve as an expert witness in court, explaining their findings and how they arrived at the boundary determination.

4. Identifying Encroachments and Easements

Land surveys can help identify any encroachments, such as structures built over a property line, or easements, which are rights granted to others to use a portion of your property (such as utility companies).

Legal Importance:

• Encroachments: A survey can provide the evidence needed to prove an encroachment exists, which is crucial in seeking legal remedies, such as having the encroaching structure removed or seeking compensation.
• Easements: Identifies any recorded or unrecorded easements that may affect property use, which is particularly important in real estate transactions or when planning new construction.

5. Supporting Claims of Adverse Possession

In some cases, a property owner may claim ownership of a portion of land through adverse possession, which occurs when someone occupies and uses land openly, continuously, and without permission for a statutory period. A land survey is essential in both defending against or supporting adverse possession claims.

How Surveys Play a Role:

• Defense Against Adverse Possession: If you believe someone is encroaching on your property under a claim of adverse possession, a survey can provide clear evidence of your property’s legal boundaries.
• Supporting Adverse Possession: Conversely, if you are making an adverse possession claim, a survey helps document the extent and duration of your use of the property in question.

6. Facilitating Negotiations and Settlements

Boundary disputes can often be settled out of court through negotiations or mediation. A professional survey can serve as a neutral, third-party document that both parties trust, making it easier to reach an agreement.

Advantages in Mediation:

• Neutral Ground: Since surveys are based on objective measurements and legal principles, they can provide a neutral basis for resolving disputes.
• Cost Savings: Settling disputes through negotiation or mediation is often less expensive and time-consuming than going to court, and a survey can help facilitate this process.

Conclusion

Land surveys are indispensable tools in resolving boundary disputes. They provide the accurate, legally recognized information needed to clarify property lines, prevent conflicts, and support claims in legal proceedings. By hiring a qualified land surveyor and understanding the role surveys play in boundary disputes, you can protect your property rights, avoid costly legal battles, and maintain good relations with your neighbors.

If you’re facing a boundary dispute or want to ensure your property lines are correctly defined, give us a call at (954) 585-0997 to get the clarity and peace of mind you need.

About Stoner

Since 1988, Stoner has continually provided the highest level of quality service to each and every project.  Staying true to the company mission statement of Experience, Excellence, Service and Technology: These are the watchwords that we apply to each of our clients’ projects.  Today, the company services the greater South Florida area including Broward, Miami-Dade, Palm Beach and Monroe Counties.  Allowing the team of professionals to deliver critical surveying services in a timely manner to both the private sector and the government.  For more information on Stoner, please call (954) 585-0997or visit www.stonersurveyors.com.