Property Disputes in Rutland, VT

Property disputes can disrupt your life in unimaginable ways in Rutland. These disagreements can evolve into emotionally charged and complicated legal battles.

But what if you could navigate the turbulent waters ahead with a steady hand? Hiring an attorney can be that stabilizing force in your life.

The first step to regaining control over your property—and your life—is just a phone call or a click away. Consider your options as outlined in this article, and reach out for a referral today.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Rutland, VT 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 Vermont Superior Court hears property dispute cases from Rutland. They have jurisdiction over many civil matters, including these local conflicts.

Common Types of Rutland, Vermont 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 Rutland 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 Rutland, Vermont Property Disputes

Understanding state tree damage laws can be crucial to maintaining property relations in Rutland. The law generally allows homeowners to trim overhanging branches or encroaching roots. However, damaging a tree on your neighbor’s property can lead to legal repercussions and civil liability.

Additionally, Right to Farm laws may apply to your situation in Rutland. These regulations protect farmers who adhere to acceptable practices. Neighbors cannot start nuisance suits because they do not enjoy the smells or noise associated with this industry.

Legal Process for Boundary Disputes In Rutland, Vermont

Has someone brought a property dispute against you in Rutland, 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 Rutland, VT 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.

State law in Vermont does not mandate a “good neighbor” fence in Rutland. These regulations usually require neighbors to share the cost and maintenance of a boundary fence. However, local zoning ordinances may have expectations for fence heights, materials, and placements.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Rutland, Vermont 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 Rutland 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 Rutland, VT 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 Rutland, Vermont

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 Rutland 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 Vermont state lines.

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