subject: How To Mediate A Real Estate Dispute? [print this page] Arguments erupt over real estate issues every day. From the placement of a fence to a dispute over a warranty made in a deed, real estate is ripe for problems.
Some situations regarding real estate can be resolved the situation quickly and easily. Start by organizing the facts. Write a list if it helps. What is the source of the problem? Who has done what in the situation?
A common real estate dispute many people face every day is a boundary line dispute. Neighbor X wants to plan a garden. Neighbor Y claims the garden is on her land. The easiest way to settle a dispute like this is to call in a surveyor. For several hundred dollars, a registered and licensed surveyor can come to the property and place stakes (or spray paint the grass or use twine) to mark the exact property line. The garden can be planted then only on Neighbor X's property. The key in this type of situation is to address the problem quickly. It will be much more difficult to move the garden after several months of debate.
A similar issue occurs with fences. In older neighborhoods especially, the fences have been in place for many years. A young couple buying a home may logically assume that the fence line is also the property line. What if they find that their fence is actually built on their neighbor's yard? Or they find the fence is owned by the neighbors, but is actually on their yard?
This situation is usually discovered when a survey is prepared for a mortgage loan or refinance. There are several remedies. The fence could simply be taken down and moved to the correct person's land. A Boundary Line Agreement could be prepared by an attorney, allowing the fence to remain. Or the neighbors could agree to a property swap where one neighbor keeps the fenced area in the back yard and the other obtains a relatively equal amount of property in the front yard. This type of agreement is also drawn up by an attorney.
Another common real estate problem arises in the transfer of property. A prior lien against the property, or even a prior purchaser may show up and demand the current owner compensate them for their interest. How can the current owner resolve this type of problem?
These are often difficult problems that cannot easily be resolved by a non-attorney. Before heading out the door to the lawyer's office, pull the file with the closing documents including the settlement statement and any title insurance policies. Be sure to have a recorded copy of the deed to the property to take to the attorney's office.
