Unfortunately, boundary disputes are very common. Property owners and real estate developers who share a boundary or corner often disagree on the precise location of their property lines, which usually leads to court intervention.
What are the most common causes of these disputes?
Historical deeds
Due to a lack of formal surveying, many cases of boundary disputes involve older deeds. Some deeds dating back to the 1600s are still active and legally binding in New Hampshire. These deeds heavily relied on the metes and bounds system – using natural and temporary landmarks to state property lines.
Large trees, rivers, large boulders and stone walls, among other natural and artificial landmarks, were used as markers. These are vague markers, as they shift, disappear or die over time. A large oak tree can die, a river can change course, a stone wall can crumble and so forth.
Consequently, the exact boundary of a property may be left up to interpretation. Modern surveyors may disagree on the boundary of a property when they rely on different historical reference points. Neighbors may also interpret a vague historical deed differently to maximize their own land use.
Encroachments
Boundary disputes can occur when a neighbor unintentionally or deliberately builds a structure that extends across the legal property line. For example, a fence, garage, deck, garden, shed, footpath or driveway. This is frequently discovered when a property has a new owner, as they will get a boundary marking, or when an owner wants to make improvements on their property.
It’s crucial to solve an encroachment issue earlier. New Hampshire has a law that allows a property owner to legally claim ownership of a section of their neighbor’s land if they show adverse, continuous, exclusive and uninterrupted use of the land for 20 years (adverse possession).
Boundary disputes can lead to costly effects. It’s vital to take the appropriate steps early to protect your ownership rights. Seeking legal guidance is generally wise as a result.