Anna Raleigh has lived in her Greensboro, North Carolina, home for more than 40 years. But when a developer came in to build a property next door to her, they took away her right to use an access road.
As WFMY News reported, Raleigh was happy in her home until that happened. "I enjoy it, I love it, I love the neighborhood," she told them.
But all of that changed after a new neighbor began building on the adjacent property, forcing Raleigh into a stressful property dispute she didn’t expect.
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When new construction gets in the way
The Chamber of Commerce reports that the U.S. housing market is short more than 4.5 million homes. So, having developers come and build homes on vacant land is a good thing — in theory. But it can become a problem in situations like Raleigh’s.
Raleigh spent four decades enjoying her home. But then developers came in to construct a home and blocked access to a shared road that divides that property and Raleigh’s.
"It was never a problem till they decided to build this house … and that’s when I got into the issue of the access road," Raleigh told WFMY. She wanted to keep access open on both sides of the property line.
"I do not want that access road blocked, and now that it’s blocked, I can’t use it."
Not only did the developer block access to the road, but their contractors kept parking on Raleigh’s property. Raleigh then put up private property signs that were ignored.
The developer then asked Raleigh to sign a document giving them exclusive and permanent access to the driveway to the new home on the blocked access road — for $10.
Her response? "What an insult."
Raleigh called the developer’s actions "mean spirited" and without access to the road, Raleigh’s landscaper couldn’t do their job. That’s a problem, since Raleigh can’t maintain her large property herself.
WFMY said it’s not illegal for the developer to be unwilling to share their side of the road. But thankfully, Raleigh isn’t out of luck. That’s because the newly constructed home’s new owners have agreed to allow access for Raleigh and her landscaper.
Because of this, Raleigh doesn’t plan to leave. But she’s hoping her new neighbors stick around so access to that road can continue to be shared.
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How to avoid property line disputes
Whether you own a property already and want to protect your rights in a situation akin to Raleigh’s or you’re buying a new property, it’s important to understand the legal parameters of the land you can claim as yours. The clearest way to do this is by land survey.
A land survey costs between $375 and $745, according to This Old House, with an average cost of $525. However, the cost of a survey will depend on factors that include the size of your land and the type of terrain you have. If the terrain is tough to navigate, that makes the survey harder to complete (and drives up its cost).
Also, the more thorough your survey is, the more a professional might charge. And you might encounter extra costs if the land in question is remote or hard to access.
Keep in mind that if you wind up in a property line dispute that lasts months or years, you may need to have a surveyor come back repeatedly, which could add to your costs.
The benefit of having a land survey is that it defines where your property line starts and ends. This way, even if there’s a vacant lot next to you (as was the case with Raleigh) and someone comes in to develop it, you can prove if the developer is encroaching on your land.
For example, if a home is being built next door with a fence and you don’t want any portion of that fence on your property line, you have the right to say no. And with a property survey in hand, you can put up stakes along your property line so a developer or contractor doesn’t accidentally put a structure on land that’s legally yours.
And if you’re buying a home, a land survey will show whether there’s an easement on your property.
A conservation easement, for example, means you have to preserve the natural elements of that portion of your land. You can still use it, but you generally can’t do things like remove trees (unless they’re dead or hazardous) or build permanent structures, like a shed, on top of greenery.
You may also want to request a topography survey, which gives you information about the slope of your land. This type of survey can be useful if you see that the land you’re eyeing is very sloped in certain places, giving you information about potential drainage issues before you offer on the property.
The more closely you read your survey, the better you can understand your rights and what options you have going forward. If you’re struggling to understand what your survey means, sit down with the person who prepared it so you can review the details.
Meanwhile, if your neighbor or a developer presents you with a survey reflecting incorrect property lines, don’t hesitate to present your own survey in return. Depending on the nature of the disagreement, you may need to enlist a lawyer who handles property line disputes to argue your case.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
