Property Disputes in Rapid City, SD

Property disputes in South Dakota 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 Rapid City, South Dakota. 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. Rapid City, SD 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 Pennington County Circuit Court has jurisdiction over many of the property disputes in Rapid City. If you are facing such a dispute, you may want to engage the services of an experienced attorney in Rapid City.

Common Types of Rapid City, South Dakota 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 Rapid City 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 Rapid City, South Dakota Property Disputes

The Municipal Code of Rapid City gives the city the authority to send inspectors onto private property to assess the health of trees and shrubbery. If they are found to be dangerous or diseased, the city can order the property owner to remove the trees in question. If the property owner does not comply, the city can send professionals to remove the tree at the property owner’s expense.

South Dakota’s Right to Farm Law declares that farms and agricultural lands in Rapid City are vital to the well-being of the economy. As such, the law indemnifies these properties from nuisance suits, and seeks to protect and preserve agricultural land from cities that branch out.

Legal Process for Boundary Disputes In Rapid City, South Dakota

Has someone brought a property dispute against you in Rapid City, 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 Rapid City, SD 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 Rapid City Local Government states that no fencing partition in a residential front yard is permitted to stand higher than 4 feet. The same fencing statutes declare that no fence in a side or backyard can exceed a height of 8 feet, unless given special exemption by the city. For legal purposes, the city does not consider a barrier of shrubbery to be a fence. Fencing in Rapid City must be constructed with the approved materials.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Rapid City, South Dakota 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 Rapid City 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 Rapid City, SD 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.

If your property dispute involves less than $1,200, you may wish to file with the Pennington County Magistrate Court. An experienced attorney in Rapid City can help you navigate which court would be best.

Work With an Experienced Local Property Dispute Lawyer In Rapid City, South Dakota

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 Rapid City 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 South Dakota state lines.

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