From the founding of the republic, Americans have held fast to the concept of private property — and the rights attached to it. Many Supreme Court decisions related to the use of the property and the government’s power relative to that of owners. Sometimes, however, the dispute is not between government and possessor, but between two proprietors of adjacent parcels.

Often, the disagreement concerns the placement of the property lines. Under these circumstances, wisdom dictates a search of the documentary evidence before entering into litigation. Boundaries can be confusing when they were established long ago and without clear geographic descriptions.

Legal Descriptions and Surveys

In California, as in other states, the deed (often a grant deed) comes with an attachment known as the “legal description.” This is a textual description of where the land sits relative to its surroundings. This information may come directly from a survey made of the property.

If it is a course and distance legal description, it specifies a point of beginning and goes on to demarcate the parcel with courses of specific length and direction. These courses must end at the point of origin to legitimately delineate the property boundaries. This is sometimes called metes and bounds description, subtle differences notwithstanding.

Other legal descriptions are based on the Public Land Survey System (PLSS). The private property once conveyed by the state or federal government can retain this kind of description that references a lot number within a larger tract. In any case, a legal description based on an accurate survey may or may not be authoritative.

For instance, a landmark referenced by a metes and bounds survey may no longer exist due to earthquake, fire, flood or development. One more thing: like any professional, a surveyor can make mistakes. At the same time, an accurate land survey can save neighbors time and money before going to court.

Complicating Variables

Other factors can affect boundary disputes with neighbors. If encroachment is longstanding and suffered by previous owners of one property or the other, courts will view claims differently than if it is more recent.

The whole history of the abutting parcels may need to come into play, involving lawyers, surveyors and title companies. If such a trespass exists for some years without challenge, a statute of limitations may apply. Retaining seasoned legal counsel is the optimal path to a satisfactory resolution of complicated real estate matters.

Knowledge and Experience

Neighborly conflicts over property engage state legislative statutes, local ordinances, and prior case law. Professional attorneys with extended experience in property law will know–and explain–all the avenues available to disputing parties. Better still, they can often protect the client’s interest without costly litigation.

If a landowner is contending with a neighbor about the property line, only a competent lawyer with a winning record is worthy to take the case. To further explore the options, seek more info from attorneys. These are experts in California real estate transactions and litigation.