Boundary Disputes

Disputes in the real estate sector can be extremely complex and expensive, especially when the disagreement suspends work on a major development or delays a transaction for months or years.

Land Boundary disputes make-up a majority of real property related civil case filing, and for good reason. Boundary disagreements between neighbors can spark frustration, anger, and consternation between all parties involved.

A boundary is simply the perimeter (or outside lines) of a parcel of land. These boundaries are most often described in deeds of conveyance from the grantor to the grantee.

Disputes occur for a variety of reasons, including: 1) a re-surveyor “re-finds” boundaries for one party and another party disagrees with the surveyor’s opinion, 2) a new construction project (i.e. building a home) is commenced then the builder/contractor/developer finds a problem, 3) a municipality (city, county, etc.) begins a project abutting private property and “sleeping dogs” are disturbed, or a variety of other reasons.

Try to head off lengthy disputes. It is a good idea when you first move into a house to go upstairs and photograph the boundaries as they exist at that time. Date the photographs and keep them carefully. Take another set of photographs each year from the same place and in that way any alterations can be clearly seen, should a dispute arise. Naturally tact is needed to avoid upsetting the neighbours who may be suspicious.

Prevention is always better than cure. If you plan to put up a new fence or wall or plant a new hedge, try to talk to your neighbour about it. In that way, you will hopefully put his mind at rest.

When putting up a fence, custom dictates that the posts are entirely on your land and the face of the fence, points to your neighbours. It is worth is giving up an inch or two of your land to avoid it going onto next door and creating a dispute. This is especially so since you will need cooperation to be able to repair the fence from your neighbours land. Ensure it complies with Planning Regulations – ring them first.

With our experience and proven track record we are ready to take on any type of Boundary Disputes, give us a call.