Boundary Disputes and Eminent Domain
Whenever someone is presented with a potential boundary dispute the first thing that should occur before doing anything is to ascertain if there is title insurance. As boundary disputes are very time intensive, boundary disputes are very expensive both in attorneys' fees and expert fees. Many title policies are enhanced policies which may cover encroachments and boundary disputes including adverse possession. Even if an owner's title policy was not purchased, ascertain if there are any mortgages on the property and if so, whether the mortgage company required a lender's title policy. Most lender's title policies have survey exceptions meaning that boundaries are insured for purposes of the lender. The mortgage company may be willing to make a claim against the title company for the boundary dispute if the value of the property may be jeopardized.
