Property boundary disputes and easement disagreements can cause significant conflict between neighbors. Maryland law provides clear legal frameworks for resolving these disputes, whether through negotiation, mediation, or litigation.
Legal remedies for boundary disputes
In Maryland, property boundary disputes are often resolved by examining the property’s deed, surveys, and other historical documents. The court may also consider witness testimony from neighbors and surveyors. If the boundaries remain unclear, the court can order a survey to officially determine the property’s limits.
Understanding easements
An easement allows someone to use another person’s land for a specific purpose, such as a driveway or utility line. Maryland law recognizes various types of easements, including express, implied, and prescriptive easements. Disputes over easements typically arise when one party blocks access or misuses the granted easement. Courts resolve these conflicts by interpreting the original intent and usage.
Court action and resolution
If negotiations fail, property owners can file a lawsuit to resolve their boundary or easement dispute. A judge may issue an injunction, requiring the offending party to stop any encroachment or misuse. Alternatively, the court may award damages for losses suffered due to the dispute.
Alternative dispute resolution
Mediation is another option for resolving these disputes. Mediation allows both parties to work out a compromise without going to court, saving time and legal expenses. In Maryland, mediation is often a preferred method for real estate conflicts, especially for minor disputes.
Property boundary and easement disputes can be complex, but a skilled real estate lawyer can help navigate Maryland’s legal process to resolve them more effectively. Whether through mediation or court action, having legal representation ensures that your interests are fully represented, saving you time, money, and stress.