As a Tampa apartment complex owner, you may face a boundary dispute with another business owner or property owner at some point. After all, property lines can become fuzzy over the years. However, when those lines do become fuzzy, you can resolve property boundary disputes.
Understanding boundary disputes
Boundary disputes typically stem from disagreements over the location of the boundary line or the permissible use of the land. In Florida, these disputes can be addressed by consulting local zoning board records, land surveys and relevant legal documents. These often occur when land transfers hands and a new land survey is done.
Understand the dispute
The first step to resolve boundary disputes is to understand the dispute. Seek professional analysis to determine whether there is an encroachment on your neighbor’s property or vice versa, like a title company, surveyor, lawyer, etc.
Initiate a dialogue
When you discover a boundary issue or receive notification of one, act promptly. Attempt an amicable resolution by initiating a conversation with your neighbor. Bring supporting documents like deeds, plat maps, surveys and title insurance paperwork to aid in clarifying the dispute.
Seek professional assistance
If a direct dialogue proves ineffective, enlist the services of a land surveyor. A land surveyor can provide both parties with a realistic assessment of the boundary lines.
Ejectment lawsuit
If the boundary dispute cannot be rectified without the court, the pursuit of an ejectment lawsuit may be an option, if your neighbor has trespassed on your land. This legal action seeks the court’s determination that the neighbor must remove any structures or possessions encroaching on your property.
Declaratory judgment
Another option is to seek a declaratory judgment. A declaratory judgment lawsuit is where a judge legally determines property ownership. This can provide a clear resolution to the boundary dispute.
Resolving boundary disputes requires a strategic approach and professional guidance. By understanding the steps involved and seeking assistance when needed, apartment complex owners in Florida can achieve a fair and equitable resolution.