Whether a property owner has a residential home with a small yard attached or a vineyard where they grow grapes for commercial wine production, their land is very valuable. It can become vulnerable in scenarios where a neighbor crosses a boundary and begins using the property as if it were their own.
Boundary incursions often seem like minor issues, as they may only involve a small portion of the overall parcel. However, left unaddressed for too long, those boundary issues might lead to adverse possession claims and more aggressive incursions. Initiating litigation can help address a neighbor’s boundary violations.
How litigation helps
A civil court judge can look at property records to validate the claim that one neighbor has consistently attempted to use or access property that does not belong to them. They can then take several steps to protect the owner of the land.
Specifically, a judge can issue an injunction requiring that the neighbor violating the boundary cease doing so. If the boundary violation involves the cultivation of the land or the establishment of certain improvements, such as buildings or senses, a judge can order the neighbor to remove or re-situate those improvements so that they do not continue to infringe on the neighbor’s property.
Ideally, a neighbor dealing with consistent boundary issues can take action before the neighbor using their property invests in any permanent improvements across the boundary line. However, it is possible to take action even after a neighbor plants crops or erects a fence someplace they should not.
Seeking accountability from a neighbor who attempts to use property that does not belong to them often requires the intervention of the court system. Pursuing litigation over boundary issues can help property owners protect the land they own so that they can continue to enjoy using that land indefinitely.