Real Estate Boundary Disputes
Coeur d'Alene Attorney Kevin Waite:
As an attorney, I have been handling real estate boundary disputes and other civil litigation matters for clients in the Coeur d'Alene region for ten years. A real estate boundary dispute, it seems, should be cleared up simply and economically by a survey.
Unfortunately, it is sometimes not so simple. For example, I am aware of a situation locally in which the recorded surveys for an area expressly note an uncertainty of almost three feet as to the location of a section line. Since the legal descriptions for many properties are written with reference, at least in part, to that section line, this creates uncertainty as to certain boundaries (Whose property is that fence on, anyway?)." Obtaining another survey will not solve the problem.
When a real estate boundary or easement dispute cannot be resolved through a survey, or the property has been used by a neighbor for years, the court will determine the boundary by examining the history of the individual property's use. If your property is at risk, you will want to discuss your situation with a lawyer with experience in real estate litigation.
Boundary disputes often involve emotional as well as practical factors. One person may choose to spend more than the value of the real estate fighting over a six-inch strip of land. Another landowner may choose not to pursue an issue at all.
As your attorney, I will explain your legal position, and, in light of your personal goals, recommend a practical course of action. But you will make the decision: litigation, negotiation, or simply let it go.
The early stages of litigation of real estate boundary disputes are critical. If you need a lawyer, or would like to discuss any issue with me, please contact my Coeur d'Alene office at the first opportunity and make arrangements for a free initial consultation.
Kevin J. Waite, P.C.
424 Sherman Avenue, Suite 106
Coeur d'Alene, ID 83814
Phone: (208) 449-1163
Toll Free: (877) 415-9021
Fax: (208) 667-8630
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From offices in Coeur d'Alene, Idaho, attorney Kevin J. Waite serves clients in Coeur d'Alene, Sandpoint, Bonners Ferry, Wallace, St. Maries, and other North Idaho communities throughout Kootenai County, Bonner County, Boundary County, Shoshone County, and Benewah County.
