Who wins in a boundary dispute? It depends.

For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us. We can help. Located in Fairfield, NJ, we are the title insurance agent that does it all for you.

* * * * * 

Realty Times comments on a problem that we see frequently, boundary line issues.

It happens all the time. Neighbors join together building or rebuilding a fence that divides their properties. The activity takes place without benefit of a survey, and their agreement is not formalized by any writing, much less by a recorded document. Their choice of the fence location might have been dictated by convenience, because it looked right, or because that's where the old fence was. In any event, they mutually agree that its placement marks the boundary between their properties.

Many years later, when a subsequent owner acquires one of the properties, he questions the location of the fence and orders a survey. The survey shows that the fence is inaccurately placed and that it encroaches on the new owner's property. The new owner wants the surveyed boundary to be established. His neighbor argues that the doctrine of boundary by agreement should control, and that the fence should remain. Who is likely to prevail?

Read more to find the answer.......

For your next title order or

if you have questions about what you see here, contact

Stephen M. Flatow, Esq.

Vested Land Services LLC

165 Passaic Avenue, Suite 101

Fairfield, NJ 07004

Tel 973-808-6130 - Fax 973-227-0645

E-mail sflatow AT vested.com

Sphere: Related Content