Boundary Disputes: Neighbors, Fences and Boundaries

Boundary disputes between neighbors are one of the more common reasons for real estate litigation. The most typical boundary lawsuit arises from the discovery that a fence or wall built many years earlier is not located on the legal boundary between the properties. One homeowner will point to the survey as the true boundary while the other will point to the fence or wall as the true boundary. These neighbor disputes are rarely resolved short of the hiring of real estate attorneys, the filing of lawsuits and heated and emotional litigation.

Which is the correct boundary?

Boundaries are first and foremost determined by the legal description contained in the deed. Therefore, the best way to determine the proper boundary between two properties is to commission a survey. While two competing surveys may show minimal variance, the boundary is determined by the legal description and not where someone in the past decided to build a fence, erect a wall or plant some trees.

Neighbors, Fences and Boundaries

In The Works: What We Are Working On

*We are representing two brothers who have been sued by their other brother over the ownership of two apartment buildings. We are in the midst of a partition lawsuit.

*We have filed suit for quiet title on behalf of a new homeowner whose neighbor is encroaching by about ten feet on his property but refuses to accept the findings of the survey.

*We are finishing up a resulting trust case in which a daughter sued our client, her elderly mother, claiming to have invested with her over 34 years ago and now wanting an interest in one of her Beverly Hills apartment buildings.

*We continue litigating with Countrywide Home Loans/Bank of America over a wholesale loan repurchase agreement involving our Tennessee-based mortgage company.

*We are assisting a London-based firm with their Beverly Hills retail lease.

*We are defending the seller of an apartment building over failure to disclose allegations by the buyer.

The Importance of Education

During my trip to Uganda in June, I spent a lot of time thinking about what is the most important and long-lasting impact I can make at the orphanage. I was pleased to see the difference we were making with the new dormitory that your donations made possible. But I also want to transform their minds.

One decision I made was to sponsor one of the young men through University in Kampala, the capital city. This is William. He wants to study journalism. Just this past week he moved from the village to the city to start Kampala International University.

I have agreed to take care of his tuition, room, board and supplies. We are discussing what both his and my expectations are and how he will be accountable while he is in college. This is also part of a bigger discussion on how I can ensure that my charitable endeavors are as effective and impactful as possible. I recently attended a Drucker Business Forum with Tom Tierney, one of the authors of “Give Smart: Philanthropy That Gets Results”. I am excited to read this and Dambisa Moyo’s “Dead Aid: Why Aid Is Not Working And Why There Is A Better Way For Africa”. I have also had great conversations with Travis Gravette of KnowThinkAct, a non-profit through which we raised the money to build the dormitory. Check out their site.