Property Disputes in Great Falls, MT

Navigating the nuances of property law is crucial for safeguarding your rights. Living in Great Falls comes with a unique legal landscape to resolve disputes. Knowing your legal alternatives is critical whether you own property, lease, or manage rentals.

Are you eager to manage your property conflict and step forward toward a solution? Then, read this brief but comprehensive article to find avenues for professional legal assistance.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Great Falls, MT property disputes can involve a wide range of parties, which might include some of the following:

• Neighbors
• Homeowners’ association
• Landlords and tenants
• Family members
• Trespassers
• Property visitors
• Government agencies

There are typically two judicial avenues your case might travel through. It could go to the Cascade County District Court or the local municipal court.

Common Types of Great Falls, Montana Property Disputes

It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:

• Disputes between neighbors regarding where property lines exist
• Disputes between landlords and tenants regarding who is at fault for damage to the property
• Homeowners and real estate developers disagreeing over who is responsible for repairs on construction
• People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
• Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
• Disputes between homeowners and government agencies about whether they have a utility easement
• Ownership disputes about who is the rightful owner of a property
• Issues with zoning

Beyond these examples, you may find other situations in Great Falls where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.

Understanding Typical Great Falls, Montana Property Disputes

Montana has enacted laws covering criminal and civil grounds to defend property rights. For example, should someone deliberately harm trees, they might face misdemeanors or felonies. From a civil standpoint, property owners in Great Falls can pursue financial restitution for the damaged timber.

Moreover, Montana’s right-to-farm statutes play a role in Great Falls. These laws buffer against nuisance allegations from neighboring lands. They protect farmers from lawsuits over common nuisances such as sounds and smells.

Legal Process for Boundary Disputes In Great Falls, Montana

Has someone brought a property dispute against you in Great Falls, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

• Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
• Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
• Do a title search to find all of the documents in the chain of title of your Great Falls, MT property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

The laws governing property lines, fences, and boundaries are vital to defining properties in Great Falls. These statutes offer a legal foundation for the erection and maintenance of fences. Furthermore, Montana has provisions for encroachments, easements, and adverse possession.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Great Falls, Montana can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

Sending a Demand Letter

This letter will be from your Great Falls attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Going to Court or Reaching a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Great Falls, MT property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

Work With an Experienced Local Property Dispute Lawyer In Great Falls, Montana

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Great Falls property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Montana state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!