Boundary Disputes and Title Defense

Boundary Law:  Good fences make good neighbors!

Boundaries are important.  They let us know what land is ours, and what land is our neighbors.  Unfortunately, with the growth in population in Kentucky and Indiana, boundary disputes have become more common.

These boundary disputes often have identifiable causes, such as the following:

However, each dispute is different, and it often requires the assistance of a knowledgeable attorney to cure.  Fortunately, Vaughn & Smith possess that knowledge and we have the skills you need.

We know what evidence will primarily determine the outcome.  This includes:

If you have a boundary dispute; be proactive and level-headed. Legal documents should be presented by a knowledgable attorney who can calmly represent you in any discussions or negotiations.

These issues can be solved in several ways:

Title Defense:  Stay off my lawn!

Ownership of land is a much more complex proposition than simply acquiring all the rights to it. It is useful to imagine a bundle of rights that can be separated and reassembled, kind of like a “bundle of sticks,” in which each stick represents an individual right of ownership.

For example, if you give an easement to the electric company to run a power line across your property, you have given it one of your sticks.  You used to have the right to deny it access, but you gave that right away.  You still own the property, but the electric company now also has rights related to it.

When there is an issue about what “sticks/rights” have been given away by the owner, or there is a question about who actually owns the property, these are answered through a quiet title/declaration of rights action.

The claimant must name anyone who may claim an ownership interest in the property.  When the lawsuit is filed, potential claimants receive notice and have a chance to assert an interest in the property.  Most of the time, if they do not assert an interest, they forever lose the right to do so, and their claim of ownership goes away.

Sometimes these claims are fervently contested.  Either way, the Louisville-based real estate lawyers at Vaughn & Smith have the experience and skills needed to assist you in protecting your rights.  We handle property disputes in Indiana and Kentucky and routinely appear in Jefferson, Oldham, Shelby, Spencer and Bullitt county courts.

Land Access:  Mind if I cut through?

To enjoy your land, you have to be able to get to it.  One of the most common property issues involves ingress and egress to land.  We recognize that land access can often devolve into unfortunate litigation with your neighbors.  Therefore, we use our years of experience and negotiation skills to avoid that whenever possible.

When we evaluate a land access issue, we ask the following:

Is there a written easement?

If so, that is known as an express easement.

Is that express easement properly recorded at the county clerk’s office where the land is situated?

This typically requires a title examination.  Assuming that it was prepared and recorded correctly, this usually is just a matter of interpreting and explaining the document to the parties involved. There may also be questions about the terms of use and maintenance obligations associated with the easement.

If there is no written recorded easement, is there an implied easement?

An implied easement typically reflects the historic use of the property.

What happens if the land has no recorded access and no implied easement?

The law abhors land-locked property.  Therefore, a court may have to create an easement by necessity.  However, there are many factors a court will consider, including the burden placed on adjoining property owners.

What if someone has been traveling across a property without permission for fifteen years or more?

They may have acquired an easement by prescription.  This is similar to adverse possession, but it deals with access through the property, not ownership of it.

What if the seller told a buyer he/she was going to have access across the land the seller still owned, but now blocks the buyer’s access?

This may create an easement by estoppel, which would stop the seller from barring the buyer’s access.

What if the government is demanding access?

The government may get access through the use of condemnation to create an easement by eminent domain.   This requires a public purpose, such as laying a fiber-optic network cable, and it pays compensation to the landowner.

If you have a land access or easement issues, we can help.

Property Rights

When discussing property rights, remember they are “rights.”  You have them and you should protect them.  If you are in Kentucky or Indiana, we can help.

Are you having a Boundary or Title issue?

You should contact:

JASON VAUGHN

JESSICA SMITH

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