Property Disputes in Lincoln, NE
Property disputes in Nebraska are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.
Find out what you can do if you have a property dispute in Lincoln, Nebraska. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Lincoln, NE 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
The Lancaster County District Court has general civil jurisdiction in Lincoln. However, if your property dispute involves $57,000 or less, the Lancaster County Court has concurrent jurisdiction.
Common Types of Lincoln, Nebraska 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 disagree 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 Lincoln 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 Lincoln, Nebraska Property Disputes
Trees that grow on or near a property line can be a common reason for Lincoln property disputes. Under Nebraska law, if you damage your neighbor’s tree, you can be liable for damages. However, most courts will allow you to trim branches that overhang your property if you can do so without injuring the tree. On the other hand, if you own a tree, Nebraska statute requires you to trim any branches that interfere with or damage a division fence.
Another potential source of conflict is the smells, sounds, and sights that often result from agricultural operations. However, the Nebraska Right to Farm Act protects some Lincoln farmers from nuisance lawsuits. To qualify for this protection, the agricultural operation must be commercial and occupy at least 10 acres of land. In addition, the Lincoln Municipal Code regulates agricultural activities within the city limits.
Legal Process for Boundary Disputes In Lincoln, Nebraska
Has someone brought a property dispute against you in Lincoln, 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 Lincoln, NE 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.
Under Nebraska legislation, adjoining Lincoln landowners are equally responsible for the construction and maintenance of a division fence. In addition, unless they both agree otherwise, division fences should be made of wire. Furthermore, if the fence is on the boundary between public and private property, the City of Lincoln places additional requirements on its size, appearance, and location.
Try to Find a Solution with Your Neighbor
Property dispute litigation in Lincoln, Nebraska 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 Lincoln 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
In most cases, settling a dispute outside of court is the best option for both parties, as it avoids the high costs of litigation. However, if negotiations stall and no resolution is reached, filing the dispute with the court may become necessary.
Once the case is in court, the judge will thoroughly review the evidence and determine the ownership of the , property. Keep in mind that the court’s decision is legally binding, and while you may not agree with the outcome, it’s often better to settle before reaching this point.
Depending on the size of your Lincoln property dispute, either the Lancaster County District Court or the Lancaster County Court will handle your case.
Work With an Experienced Local Property Dispute Lawyer In Lincoln, Nebraska
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 who understands Lincoln 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 Nebraska state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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