A land dispute is a disagreement over the control, ownership, or disposition of land between two or more parties, sometimes by a state, other times by a private party. This can otherwise be known as a fight over the propriety of certain land usage, or the evaluation of certain land use restrictions, which often end with a court ruling. When dealing with a contaminated property, an Environmental Land Usage Restriction might come into play.
So, how does one solve the issue? When addressing a territorial dispute, the litigation can go on for years without any form of settlement or agreement. The only other option for handling these individual territory disputes is by having the two or more parties arguing over the subject property come to a mutual agreement. Bilateral discussion is the main objective of land dispute resolution, and by definition, requires mutual negotiation to reach settlement. The idea is for everyone to get a fair deal with respect to the property while avoiding protracted litigation. If each party gets a reasonably similar outcome as the other parties, the outcome is fair; there is an equal result for everyone involved.
More often than not, offers of settlement are exchanged, which may include compromises to divide the property, to change boundary lines, or to pay for the use and value of the property. Even if the law is on your side in the case, it may ultimately be cheaper (not to mention a lot less work) to “purchase” the property from another party rather than proceed to trial.
These types of matters require that you perform a survey, appraisal, and a complete title search. If you have had a prior appraisal or survey before this point, you may be able to rely on them.
As for the Environmental Land Usage Restriction, property owners most often hire an environmental litigation group to represent them. This is because state environmental laws and government environmental regulations are very specific and complex. Consideration must also be given to municipal rules and regulations.
For advisement on territorial disputes, you need to hire an environmental law attorney to go over specifics and to assist you in what can be a stressful and confusing area.
In the end, a land dispute is worth fighting for. Make sure to reach out and contact proper experts and land planning consultants if you need help determining your property rights.
If you need assistance or want more information about how to resolve a land dispute, call us at 401.477.0023 or email: help@desautelesq.com.
