By Haley Crim
Property line disputes can turn friendly neighbors into enemies, and retaining walls may cause even more strife between homeowners. Some of the main causes of retaining wall property line disputes include drainage issues, obstruction of views, and more.
Do you or your neighbor have a retaining wall? Are you considering building one for privacy? If so, then it is important to understand how this unique architecture can affect property lines.
What Happens in a Property Line Dispute?
A property line dispute is more than just talking to your neighbor. You first need to conduct thorough research, then hire a professional surveyor to support your claims.
After finding the evidence you need, you can discuss a solution with your neighbor. If you cannot resolve the issue on your own, consider working with a mediator to serve as a neutral third party.
When all else fails, it may be time to take legal action. A civil lawsuit is usually required. The specific type of legal action depends on the location of your property.
The timeline for property disputes varies based on the complexity of the case and the willingness to compromise. Solving the problem can take anywhere from days to years.
What Are the Types of Property Line Disputes?
When neighbors disagree on property lines, those arguments can fall into one or more of several categories. Some of the key types of property line disputes include:
- Shared Fences: How fences fall between property lines
- Branches and Tree Roots: When foliage extends into the neighbor’s property
- Trespassing: When an individual deliberately enters land that is not theirs
- Encroachment: Placing new construction on or near a neighbor’s property lines
What Causes Property Line Disputes Over Retaining Walls?
Why exactly do retaining walls cause so much contention between property owners? Here are some of the main reasons that a retaining wall can be a major issue.
Drainage Problems
When a retaining wall is not constructed on flat, level ground, it can sink into the earth and cause sloping. The sloping may then lead to drainage issues. Water pooling at the base of the wall often destroys retaining walls, leading to lasting damage that can even be dangerous.
If you are concerned about drainage issues, look for mud or trapped water near the base of the wall that does not dry up. Also search for signs of damage caused by the water, such as:
- Buckling
- Cracks
- Leaning
Drainage can be tricky to dispute because there often isn’t a clear culprit. If there is a rainstorm, for instance, then water can come from either side of the property line and affect the retaining wall.
View Obstruction
In general, it is not illegal to obstruct a neighbor’s view when they are looking across your property. While retaining walls can be great for privacy, they might obstruct the view of your neighbors.
Make sure to check your local building codes to determine if there are height restrictions before construction begins. To exceed the limit, you may need to file a special permit.
Structural Issues
Drainage is not the only damaging element that can affect the integrity of your retaining wall. The wall can tilt forward or buckle due to general wear and tear. Cracking from continuous pressure may have a compounding effect and weaken the entire structure as well.
The best way to prevent future structural problems is to work with a reputable construction company. Consider custom retaining walls in Kalispell to design the perfect wall for your needs and ensure that the wall will hold for years to come.
How Can You Win a Property Line Dispute?
The key to winning a property line dispute is solid documentation. Gather as much evidence as you can, and present it clearly. Take the process one step at a time to avoid legal pitfalls or accidental liability issues.
Find excellent legal representation who specializes in these types of disputes. Ask friends and neighbors for recommendations, or look at online reviews. Filter out low-rated attorneys and read feedback carefully before choosing a lawyer.
Frequently Asked Questions
What Is the Difference Between a Boundary Line and a Property Line?
While the terms may seem interchangeable, they actually have different meanings. A boundary line is what was recorded when the land was originally surveyed or described, usually in the first official documentation. Boundary lines can date back centuries.
A property line, on the other hand, refers to the current legal ownership. Unlike the boundary line, the property line can change due to factors such as legal disputes or current occupants.
What Do Surveyors Mark Property Lines With?
Surveyors use a variety of tools and methods when actively working on a project. Temporary measures like wooden stakes and colored flags can mark property lines easily without causing extensive damage.
More permanent solutions include:
- Iron pins and pipes
- Metal disks
- Natural marks
Many aspects of property surveying are more high-tech than ever before. Surveyors can use tools like metal detectors to find previously buried markers and field software to ensure accuracy and perform calculations on the spot.
Can You See Your Property Lines for Free?
Somewhat. You may be able to view estimated property lines for free, but for official documents, you will usually need to pay a fee.
Websites such as Google Maps have satellite views, which allow you to view general property lines. Check with your local assessor to see if you can view property lines for free through their website.
Services that charge for maps mean that you are paying for accuracy. Estimates through free resources may be off by a few feet to a few yards, so it is important to obtain the actual legal documents when dealing with a property dispute.
Learn More About Property Lines
Property line disputes can be frustrating to deal with, especially when they involve complex problems such as retaining walls. Use this guide to win your case if you ever find yourself arguing with a neighbor over the location of a retaining wall.
Would you like to learn more about permit requirements and other aspects of property ownership? Look around our website today for information and advice.
