A Quit Claim Deed (“QCD”) for the titled boundary holder provides a permanent resolution with the greatest ease. The time and cost associated with its production – once having become the agreed solution – are also the lowest of all remedy methods.
Also, if this approach can be established instead of a lawsuit, the signal as to the intensity of a dispute with one’s neighbor cannot be gauged by prospective future owners. The upshot of this is that discerning prospective buyers aren’t likely to be afraid that they are buying a house next to the neighbor from hell.
QCD mechanics are simple. The potential adverse possession claimants need to sign off on a document – which shortly afterward is publicly recorded – indicating that they give up any rights which the adverse possession claimants may or may not have. That’s all there is to it. Simple!
Of course, the challenge is bringing the adverse possession claimant around to agree to this approach. In that a QCD is a title holder’s take all the disputed land proposition, to get to the point that the potential adverse possession claimants are willing to pen their names to the QCD generally requires one or more inducements.
As far as inducements go, if the adverse possession claimants are willing to accept the offer of a title holder to pay for the fence to be moved – assuming that a fence is the disconcerting (potential) encroachment driving the issue at least for this remedy – then the title holder ought to consider this cost well worth paying. Begrudging the fact that your neighbors are getting a little something for the effort is not at all how the title holder should look at this.
Likewise, unless the deviation is huge, a fight for adverse possession claimants are almost always just not worth it. What’s huge? Unless side (or back) yards are implicated, 2 or 3 feet off the titled boundary in the grand scheme of things is not huge. Don’t think so? Try this then … drive a few blocks from your place to another property and take a look at the fence relative to the same distance which you are allowing to trouble you. — Like I said, it’s not worth it!
So, potential adverse possessor claimants who instead get a new fence for free are getting a good deal. The alternative is paying an incredible amount of money in an ATTEMPT to gut your neighbors.
That’s perhaps the most important point when considering remedies. Anytime you work with lawyers who are going to represent you at the courthouse, the effort is an attempt (i.e. IT IS NOT GUARANTEED)! A Quit Claim Deed – as with all other negotiated remedies – are guaranteed solutions. Cheers!