As Robert Frost once wrote, good fences make good neighbors. It is true that having a clear understanding of the boundaries between your land and your neighbor’s land is critical to a good relationship. Unfortunately, sharing a property boundary or access road may lead to disputes between neighbors, and there are different types of property disputes that can arise.
One type of dispute is a boundary dispute. These types of issues arise due to confusion and uncertainty as to the boundary location. They can involve an encroachment onto your property, or a neighbor attempting to take part of your property through adverse possession.
Another type of dispute is an easement or access dispute. These types of issues arise often over easements with poorly written agreements, or no written agreement at all. The easement can relate to property access, utilities, well, water, or sewer lines, etc. The outcome can greatly affect property values as the result may be another person having a right to cross your property, or lack of access to your own property. We have experience in drafting agreements to remove the uncertainty between neighbors preemptively, as well as resolving the issues that arise.
Other disputes that may arise include trespass and nuisance claims. Sometimes an owner claims damages for another’s trespass upon his land. Other times an owner claims damages for a nuisance, which is another person’s unreasonable use of property that interferes with an owner’s use or enjoyment of his or her own property.
When it comes to boundary disputes, easements, or other property disputes, the legal issues can become complicated. Our attorneys have experience in successfully negotiating and litigating property disputes.
For more information, contact diStefano & Mattingley, PLLP as soon as possible about your property dispute issue. We can provide an initial consultation regarding your boundary dispute, easement dispute, or trespass, and nuisance dispute. We can also assist in creating easement agreements, shared well agreements, and the like.
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Wills and Estate Litigation
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423 1st Ave E., Suite B
Kalispell, MT 59901
P.O. Box 2341 Kalispell, MT 59903