Property & Boundary Disputes

Northern Virginia Property-Boundary Dispute Lawyers

Experienced Civil Litigation Attorneys for Property Rights and Boundary Disputes in Manassas, VA

Property-boundary disputes are a common issue that can lead to significant stress and financial strain for property owners. Whether it’s a disagreement over fence lines, encroachments, or unclear property surveys, these disputes can escalate quickly, threatening your property rights and relationships with neighbors. 

Resolving property-boundary issues often requires legal action to ensure that your rights are protected and the situation is resolved fairly. At the Manassas Law Group, our team of experienced Northern Virginia property-boundary dispute lawyers is dedicated to helping clients navigate these challenges, offering the guidance and support needed to resolve disputes efficiently and effectively.

To speak with a Manassas property dispute lawyer, call (703) 361-8246 or complete our online intake form to schedule a consultation today.

Northern Virginia Property-Boundary Dispute Lawyers

What are Land and Boundary Line Disputes?

Land and boundary line disputes often arise when there is confusion or disagreement over the exact location of property lines. These disputes can occur in both residential and commercial real estate and may involve issues such as encroachments, incorrect surveys, or unclear property descriptions. Property owners might find themselves in conflict with neighbors, business partners, or local authorities due to differing interpretations of land boundaries. 

The reasons for these disputes can vary, ranging from mistakes in legal documents to physical changes in the land over time.

Common Causes of Property Line Disputes

In Virginia, property disputes can arise for a variety of reasons, including inaccurate surveys, encroachments, or misunderstandings about property lines. Other common causes may involve variances in zoning laws, which can create conflicts between property owners regarding the use or division of land. 

Below, we’ll go into more detail regarding most frequent causes of property line disputes in Virginia and how dedicated legal guidance can help resolve them.

Unclear or Incorrect Property Lines

Unclear or incorrect property lines are one of the most common causes of property/boundary disputes. Discrepancies in property surveys, outdated maps, or ambiguous property descriptions can lead to confusion about where one property ends and another begins. When these issues arise, it often leads to conflicts between neighbors or business owners. 

Virginia Property Line Laws

Virginia’s property line laws (Title 8.01, Chapter 3, Article 16) are designed to protect property rights and provide clarity in disputes over land boundaries. The state follows a system that relies heavily on surveying and property deeds to define the exact location of property lines. In cases of uncertainty, Virginia law allows for boundary line agreements, where neighboring property owners can reach a formal understanding about the location of property lines. 

Virginia Code § 8.01-179 specifically states: 

“Any person having a subsisting interest in real estate and a right to its possession, or to the possession of some share, interest or portion thereof, may file a motion for judgment to ascertain and designate the true boundary line or lines to such real estate as to one or more of the coterminous landowners. Plaintiff in stating his interest shall conform to the requirements of § 8.01-137, and shall describe with reasonable certainty such real estate and the boundary line or lines thereof which he seeks to establish.”

Encroachments

Encroachments are another common cause of property line disputes and occur when a structure or object from one property extends onto another’s land without permission. This can include fences, buildings, driveways, or landscaping that unintentionally crosses over a property boundary. 

Virginia Encroachment Laws

Laws regarding encroachments in Virginia can be found under § 15.2-2009 and § 55.1-1923 of the Virignia Code as well as 24 Va. Admin. Code § 30-92-130. In Virginia, property owners and localities have the right to request the removal of any encroachments, especially if they interfere with the enjoyment or use of their land. 

More specifically, § 15.2-2009 states that a local government can stop any illegal blockage or use of public spaces like streets, roads, alleys, or bridges. If someone blocks or uses these areas without permission, the government can charge them a penalty, remove the obstruction, and make the property owner pay for the removal costs. If the obstruction isn’t removed in time, the local government can impose daily penalties.

  • 55.1-1923 states that if a unit or common area in a property encroaches on another unit or area—whether due to construction errors, repairs, or shifting of land—an easement is automatically granted to allow for the encroachment, except in cases where the owners or their agents intentionally cause harm. This does not excuse contractors or builders from being responsible if they fail to follow the original plans or designs.

Finally, § 30-92-130 of the Va. Admin Code states that any objects placed in areas dedicated to public use, like streets or highways, that aren’t related to transportation can be considered an illegal encroachment. 

Easement Disagreements

Easement disagreements often arise when there is confusion over the access rights to a piece of property. An easement is a legal right that allows someone to use another person’s land for a specific purpose, such as a right-of-way for a driveway or utility lines.

If an easement’s terms are violated or not properly defined, it can lead to conflicts between neighbors or business owners. To resolve these issues, it’s advisable to consult with an easement dispute attorney to ensure that your rights are protected.

Virginia Easement Laws

Virginia law requires that easements be clearly defined, usually through a written agreement or recorded deed, to avoid disputes. In some cases, easements may be implied by long-standing use or necessity. If an easement is challenged or unclear, it’s important to consult with an experienced property line easement attorney to ensure the rights and obligations of both parties are respected.

In Virginia, several statutes govern easements, including:

  • § 55.1-305. Enjoyment of Easement: This section outlines the rights and responsibilities of both dominant and servient estate owners regarding the use and enjoyment of an easement.
  • § 55.1-306. Utility Easements: This provision addresses easements granted for utility services, specifying conditions under which such easements are considered to “run with the land,” meaning they are binding on future property owners.
  • § 55.1-306.1. Utility Easements; Expansion of Broadband: This section pertains to utility easements and the expansion of broadband services, detailing the rights and obligations of parties involved in such easements.
  • § 10.1-1009. Definitions: Part of the Virginia Conservation Easement Act, this section defines terms related to conservation easements, including the purpose and scope of such easements.
  • § 10.1-1010. Creation, Acceptance, and Duration: This provision outlines the process for creating, accepting, and determining the duration of conservation easements in Virginia.

Adverse Possession in Virginia

Adverse possession occurs when a person openly and continuously uses another person’s property for a specific period, typically 15 years in Virginia, without the owner objecting. If the use is deemed “adverse” and meets all legal requirements, the person may be able to claim legal ownership of the land. 

Virginia Adverse Possession Law

Under the Virginia adverse possession statute (§ 8.01-236), a person may be allowed to claim ownership of land if they have openly, continuously, and exclusively used it for a specific period of time, typically 15 years. The possession must be without the consent of the rightful owner and must be visible, notorious, and continuous throughout the statutory period. If these conditions are met, the individual may file a claim to obtain legal title to the property, even if the land was originally owned by someone else. 

However, the statute has strict requirements, and property owners who believe their land has been taken through adverse possession should consult with an attorney to protect their property rights and understand the legal complexities involved.

Manassas Property-Boundary Dispute Lawyers

How to Settle Property Line Disputes

Settling property line disputes in Virginia can be done through various methods, depending on the complexity of the issue and the willingness of both parties to reach an agreement. Negotiation is often the first step, where both parties try to come to a mutual understanding without involving costly legal proceedings.

If negotiation fails, mediation or arbitration can be used to resolve the issue with the assistance of a neutral third party, allowing both sides to present their case and work toward a fair resolution. However, if these methods are unsuccessful, litigation may be necessary, where one party may file a lawsuit and bring the dispute to court to determine property boundaries, potentially leading to a ruling on damages or an order to alter the deed or title of the property.

In any case, it’s important to gather all relevant documentation, including property surveys and records, to support your case. If you’re involved in such a dispute, it’s important to consult with an experienced property line dispute attorney who can help you file the appropriate legal documents and guide you through the resolution process.

Virginia Boundary Dispute FAQs

Can You Block an Easement?

In most cases, you cannot simply block an easement if it has been legally granted or established, as easements are rights to use someone else’s property for a specific purpose. If you attempt to block an easement without legal grounds, the easement holder may have the right to take legal action to enforce their access.

However, in certain situations, easements can be terminated or modified through mutual agreement or if the use of the easement has ceased for an extended period. Consulting a property easement lawyer at MLG can help clarify your rights and options in such cases.

What is the Penalty for Removing Survey Markers in Virginia?

In Virginia, removing or tampering with survey markers is considered a criminal offense and can result in penalties, including fines and potential imprisonment. If you are caught removing survey markers, you may be subject to a fine of up to $500 and possible legal action depending on the circumstances.

How Close Can Fence Be to Property Line?

The distance a fence can be placed from the property line depends on local zoning laws and regulations, which can vary by county or city. Generally, fences should be set back a few inches to a few feet from the property line to avoid encroachments, but it’s important to check with your local zoning office or consult a property attorney to ensure compliance with specific rules regarding setbacks and height restrictions.

What Happens if Fence is Over Property Line?

If a fence is placed over the property line in Virginia, it may be considered an encroachment on the neighboring property. The property owner may have the right to request its removal or seek compensation for the portion of the fence that crosses their land.

What Should I Do If My Neighbor Builds on My Property?

If your neighbor builds on your property, the first step is to communicate with them and inform them of the encroachment. If the issue cannot be resolved through discussion, you may need to consult a Virginia property boundary dispute attorney to determine your legal options, which could include asking for the structure to be removed or negotiating compensation for the use of your land. Legal action may be necessary if the dispute cannot be settled amicably.

How Long Does It Take to Resolve a Boundary Dispute?

The time it takes to resolve a boundary dispute can vary widely depending on the complexity of the issue, the willingness of the parties to negotiate, and whether legal action is required. If the dispute is resolved through negotiation or mediation, it may take a few weeks or months, but if litigation or a court decision is involved, it could take several months to over a year to reach a final resolution.

Virginia Property-Boundary Disputes

How a Property Line Dispute Attorney at MLG Can Help

A property line dispute attorney at Manassas Law Group can be a valuable asset in resolving various boundary issues. With a comprehensive understanding of the many laws governing property rights, our attorneys are well-versed in handling disputes involving:

  • Neighbor Easement Problems: Disputes involving a neighbor’s right to access or use part of your property, such as for shared driveways or utility lines, or issues with the terms of the easement.
  • Property Line Issues with Neighbors: Conflicts arising from misunderstandings or disagreements about the exact location of property lines, including fence placement, landscaping, or access rights.
  • Driveway Property Line Disputes and Driveway Easement Rights in Virginia: Disagreements over the use of driveways that cross property lines, including the rights to access and use shared driveways or the enforcement of easements.
  • Establishing Fence Boundaries: When there are disputes over the correct placement of fences, especially if one party has built a fence that crosses into the other’s property.
  • Boundary Disputes During the Sale or Purchase of a Property: Issues that arise when a buyer or seller discovers property line disputes during the transaction, potentially affecting the sale or terms of the contract.
  • Title Disputes: When there are challenges to the ownership of property, often due to missing or unclear documentation, inheritance claims, or fraudulent titles.
  • Landlord-Tenant Disputes: Including issues related to lease agreements, rent non-payment, and eviction processes.
  • Construction and Development Disputes: When contractors or developers are involved in conflicts over zoning laws, land use, property damage during construction, or failure to meet contractual obligations.
  • Encroachment Claims: When one property owner builds on or uses another property owner’s land without permission, such as installing structures or fences that cross property lines.
  • Adverse Possession: When a person claims ownership of another’s property due to long-term, uninterrupted use of property without the owner’s consent, potentially leading to legal battles over the land.

We assist clients by gathering evidence, such as relevant documentation and expert testimony from land surveyors, to support their case. Whether you’re a homeowner facing issues with residential development or a buyer encountering property line problems during a contract negotiation, our experienced team can guide you through the legal process and advocate for the most favorable outcome. 

Lawyers for Boundary Line Disputes in Virginia

Land or Property Line Issues? Call a Virginia Boundary Dispute Attorney at Manassas Law Group Today

Property line disputes can be complex and stressful. If you find yourself in a dispute with a neighbor or another property owner, our Northern Virginia property-boundary dispute lawyers at Manassas Law Group can represent you to help protect your best interests and advise you on the best course of action. Whether the dispute involves easements, driveway boundaries, or fence placement, we can help clear up any confusion and ensure that your rights are upheld. 

Contact the Manassas Law Group today by calling (703) 361-8246 or reach out online to consult with one of our knowledgeable Manassas civil litigation attorneys. We’re here to help you understand your rights and resolve your dispute in a timely and efficient manner.

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Speak with a qualified Manassas civil attorney to identify your legal needs and begin developing a legal strategy. Contact our main office today by calling (703) 361-8246 or sending an email.

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