Q: In a property line dispute, can on party take ownership of another party's house/property?
My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to forfeit his property, I'm afraid the neighbor who won the judgement will try the same thing against my property and need advice.
A:
Having dealt with surveyors in the past, I can tell you there are different quality surveyors, different levels of survey, and different types of surveys. They all carry different weights. Property line disputes often come down to the history of the property. The longer you have owned your property the more protection that can afford because the knowledge pool is closer at hand.
If you are truly concerned, then you need to talk to an attorney. That attorney may need to look into the history of the property, the surrounding surveys, or other to give you an idea if a property line dispute action may or may not happen.
In terms of forfeit, that may be the wrong term. Most likely, the judge ruled the property never belonged to your neighbor. In that case, it can be a survey issue. Most survey’s use old markers to measure. If those markers have been moved, it can really impact the survey, if the surveyor does not have a system of checks in place.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
1 user found this answer helpful
A: Hire a competent CO attorney to conduct a title search now. He can advise if a new survey of the boundary is advisable. You might also start finding the prior owners or other witnesses which might know the land boundaries in the past. Then you will be prepared if sued.
Michael Joseph Larranaga agrees with this answer
1 user found this answer helpful
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