Boundary disputes arise when adjoining property owners dispute whether recorded legal descriptions accurately set forth the boundaries of the adjoining properties. A claim for adverse possession is established when a property owner can demonstrate that they have had possession of real property that has been actual, visible, open, notorious, exclusive, continuous, and uninterrupted for at least 15 years. A claim for acquiescence re-establishes a boundary line after the parties have recognized a particular boundary line for at least 15 years.
In addition to boundary disputes, CMDA attorneys also assist clients with the creation and recording of easements. In the event that an easement was not created or recorded, an easement by prescription can be created through the actual, visible, open, notorious, exclusive, continuous, and uninterrupted use of another’s land that is not exclusive. In addition to the creation of easements, CMDA also handles litigation matters involving disputes as the scope of an easement and/or if the holder of the easement attempts to impose additional burdens on the subservient estate.