Hot Springs Boundary and Property Disputes Lawyer
Arkansas firm helps resolve land conflicts
Disputes between adjoining landowners typically arise when they disagree over the exact location of a property line or the use, access or ownership of land near that boundary. At Schnipper, Britton & Stobaugh, our Hot Springs boundary and property disputes lawyers have long experience assisting Arkansas landowners. Whenever possible, we negotiate productive resolutions between parties to avoid adversity, but we do not hesitate to take cases to court to protect our clients’ interests.
Common types of property disputes in Arkansas
Property disputes can arise due to disagreements over:
- Boundary lines where properties start and end
- Easements giving the right to access another’s property
- Encroachments, such as fences or structures, extending onto a neighboring property
Whatever type of conflict you are experiencing, whether involving a residential or commercial property, our Hot Springs real estate attorneys have the knowledge needed to achieve the best possible outcome.
How property boundaries are determined
Borders between properties are drawn from plat maps, land surveys and historical records. They form the basis of legal descriptions of where land boundaries begin and end and other details of the property. The description is key evidence in resolving property disputes. When we handle your case, we will examine the legal description and all relevant sources to help determine correct boundaries.
Easements and rights of way issues
Easements provide a person or entity the right to enter upon another party’s land or use it for their purposes. Examples are:
- Roads used to get to properties without public road access.
- Shared driveways by neighbors
- Walking trails cutting across private properties to public lands
- Utility companies needing access for equipment maintenance
Regular and long-term use of another’s property can create an easement if no attempts are made by the property owner to abate it.
The party holding an easement does not have ownership rights in the property: only the right to use it specifically as stated in the easement. Disagreements over easements may have to be resolved through legal proceedings such as quiet title actions, declaratory judgment actions or injunctions against misuse or overburdening the property. We are experienced in bringing and defending against such actions.
Resolving property disputes through negotiation or litigation
Sometimes property disputes can be resolved through settlement negotiations before they end up in the court of law. The disputing parties’ attorneys or trained mediators can assist with this process. However, there are times when taking the dispute to court may be the only way to protect your rights. We will work hard to get you the most beneficial outcome, whether at the negotiating table or in court.
Adverse possession
Adverse possession is a claim of gaining legal ownership of a property by having occupied it for a lengthy period of time. The following elements must be established to sustain such a claim in Arkansas:
- The claimant must have physically lived on or used the land for seven consecutive years, or 15 years if the property is wild and unimproved.
- The claimant must have paid the property taxes during their continuous occupancy.
- The possession must be open, notorious, exclusive and hostile to the titled owner.
Adverse possession cases are complex to pursue and to defend against. To establish a claim or to keep the land that someone is trying to take requires experienced and knowledgeable legal guidance.
Contact a property and boundary disputes attorney for assistance
At Schnipper, Britton & Stobaugh in Hot Springs, our attorneys are skilled in negotiating and litigating effective resolutions to Arkansas boundary line and property disputes. Call us at 501-762-0887 or contact us online to schedule a consultation.