Article Image
Your Home Is Your Biggest Investment

Tuesday, November, 27, 2012


Perhaps not for everybody but for the vast majority of people, their home and what is in it comprises the largest part of their assets.  Their real estate, which includes home and property in most cases, is the manifestation of years of hard work.  For others, their real estate is an investment.  It is the nest egg they count on for retirement and also for leaving their heirs after they die.  Real estate can have enormous value depending on its size and location.  Should real estate be located along the beach, you are virtually assured of a value increase.  The last thing you would be expecting is that someone is trying to take it from you.

There have been cases in which a neighbor tries to infringe upon your property by moving onto your property little by little, mowing more than belongs to him.  When you don’t stop him from that, he may claim that he is doing this with your permission because you have never disputed his infringement.  You may have thought you don’t have anything to worry about.  Survey markers will be your proof.  However, make sure you know the law in your state very clearly with reference to neglecting to protect your property.  This type of blatant infringement may cost you a substantial sum in attorney’s fees.  Trying to resolve this problem without going to court may send you to a mediator.  Mediation is a way for both parties to communicate and perhaps come to a resolution.

You may not be sure what a mediator does.  He or she will listen to the complaints from both parties.  They will apply the law of the state in which the property is situated to each situation and then decide.  They will also take special circumstances under consideration in the decision-making process.  The ideal situation would be that the other party realizes he made a mistake and the whole problem is solved.  This is rarely the case, however.  When someone infringes on your property, they generally do it with some malicious intent.  The mediator can advise you on what steps to take next.

Do not confuse a mediator with an arbitrator.  They have different purposes and different backgrounds.  A mediator is someone who has experience in the industry of interest.  He does not have any legal power to decide which party is right or which party is wrong.  He can list examples of similar cases he mediated and how those involved proceeded and what the outcome was.  This alone may cause someone who acted outside the law to reconsider and cease trespassing on someone else’s property.