Land Dispute FAQs

Land disputes can be complex and stressful, but understanding the basics can help you navigate these issues more effectively. Below are answers to some of the most frequently asked questions about land disputes, provided by the experienced land dispute attorneys at Ferikes Bleynat & Cannon.

Can a tax map serve as a survey?

No. Tax maps are designed for locating parcels and identifying property owners for tax purposes. However, they are not as precise as surveys and should not be relied upon for determining exact boundary lines or settling disputes. If you need accurate boundary information, a professional survey is required.

Can I be reimbursed for my attorney’s fees if I win my property dispute in court?

Generally, attorney’s fees are not recoverable unless the opposing party has defended or brought a frivolous claim against you. North Carolina law usually requires each party to bear their own legal costs, except in cases where a statute specifically allows for the recovery of attorney’s fees.

Do I have to hire a surveyor if I have a property dispute?

Not necessarily. Some property disputes, such as those involving adverse possession, easements, or the validity of a deed, may not require a survey. However, if boundary lines are in question, a professional survey can help clarify the situation. Consulting with an attorney first can help determine whether a survey is necessary.

Do I need my original deed to prevail in a property dispute?

Not usually. In most cases, a recorded deed is sufficient. Certified copies of deeds can be introduced as evidence in court, and the original is only needed in rare cases, such as when forgery is alleged. North Carolina’s Register of Deeds maintains records of property deeds.

What should I bring to the attorney’s office for the first meeting about a land dispute?

You should bring the following documents to your first meeting:

• Copies of your deed and any prior deeds for the property.
• Deeds of adjoining property owners, if available.
• Title insurance policy and any closing documents related to the property purchase.
• Any survey plats, photographs of the disputed area, and any correspondence (emails, letters, etc.) related to the dispute. These documents will help your attorney better understand the situation and provide accurate legal advice.

What should I do if someone blocks or interferes with my right of way?

Do not confront the person directly, as these situations can escalate quickly. Follow these steps instead:

1. Ensure the obstruction is actually on the right of way.
2. Take photographs to document the interference.
3. Send a polite letter to the landowner describing the issue and asking for clarification about who is responsible for the obstruction. If this does not resolve the matter, contact one of our property dispute attorneys for further assistance.

What should I do if someone removes stakes marking boundary lines or easements?

Take photographs of the damage and the removed stakes. Try to determine who is responsible but avoid confrontation. In cases like this, it’s best to have one of our property dispute attorneys reach out to the person involved. Surveyors typically place permanent markers below the ground, so the stakes can usually be replaced without needing a new survey.

Will a survey determine who is correct in a land dispute?

A survey can help clarify the boundary lines, but it is not always definitive. Surveyors can make errors, and older deeds may contain vague or inaccurate descriptions due to outdated surveying methods. In some cases, multiple surveys may show different results, which could lead to a court decision determining the correct boundaries.

Will my title insurance cover me for a property dispute?

Whether your title insurance covers a property dispute depends on the terms of your policy and the nature of the dispute. Our attorneys can review your title insurance policy and help you determine if you are covered. If coverage is available, we can assist in filing a claim with the title insurance company.

Contact Ferikes Bleynat & Cannon for Help with Land Disputes

If you are involved in a property dispute or have questions about land ownership, boundary lines, or easements, contact the experienced attorneys at Ferikes Bleynat & Cannon. We are here to provide the guidance you need to resolve your property issues efficiently.