Hiring a Real Estate Attorney When Being Sued for a Property Boundary Dispute with Your Neighbor
Most neighbors live side by side for years without incident. However, there are some situations when you can be sued by a neighbor over the right to use part of the property near the boundary line. If you are ever notified you are being sued over a property boundary, there are a few things you will want to know about hiring a real estate attorney.
1. You can hire a real estate attorney for a boundary dispute right away
If you are facing a boundary dispute, it is a good idea to talk to an attorney about the situation early on. The attorney can help you examine things like title insurance to see if your situation may be covered under your policy, but, most importantly, the attorney can guide you if your neighbor has filed a lawsuit. Collecting information can take a while, so the earlier you can bring in the aid of an attorney the better off you will be.
2. Know how much will you have to pay
It is less common for a real estate attorney to charge a flat fee for their services if you need help with a boundary dispute because these cases can vary in how long they take to complete and how much work is involved. The majority of them charge for their services by the hour. You can expect the rate to be anywhere from $150 to $350 per hour. If you do find an attorney that will charge a flat fee for their services, you can expect to pay somewhere between $500 to $1,500.
3. Learn about the typical defense tactics they'll use for a boundary dispute
When you are the one being sued over a boundary line, it is good to understand what defense tactics an attorney can use to help you out. Some of the more common defenses include:
- You were permitted to use part of the property beyond your boundary line
- You own the property due to adverse possession (you've used the property without incident for a certain number of years depending on the state laws)
- Your neighbor waited too long to file a lawsuit (especially if you were already using the property for a certain number of years and the statute of limitations has expired)
If any of these defenses apply to your case, the attorney will let you know so you can work with them to collect evidence and information to support your defense.