Selling property with a boundary dispute can be daunting because potential buyers will not want to take on your headaches. However, you can either resolve the dispute or decrease its effect on the sale of your home. Even if neighbours are uncooperative, as is often the case in boundary disputes, there are specific actions you can take that can resolve or neutralise the effects of the disagreement. Plan ahead so your potential buyers can relax about the impact of the dispute on the value of your property.
Obtain an accurate land survey of your property. Go to the courthouse in your county where land and property sales are recorded, and ask for the survey of your property. If this survey is clear and if it is the most recent survey, you can resolve the dispute quickly.
Seek an easement if the property survey does not resolve the conflict. State and local laws often allow for an easement -- the right to use another's property for a specific use. If the boundary dispute does not involve extensive lawn space, you may ask that your local officials grant an easement allowing you to use the property while leaving it in your neighbour's possession.
Acknowledge an encroachment on your part. If you have buildings or trees that cross into the disputed area, ask you neighbour if they will accept your admission that you have encroached. They can then sell you an easement, allowing you to use that part of the property. You can then show your buyer the purchased easement, which becomes a permanent part of the property title on your property.
Check to see if you have the right of way. Right of way on a property means that a neighbour cannot restrict your access to your property. If the disputed boundary involves access to your property, ask for a right-of-way easement, which will allow you to sell your property to your buyers with clear descriptions about the use of the disputed boundary.
You must disclose any boundary disputes with all potential buyers.
Tips and warnings
- You must disclose any boundary disputes with all potential buyers.