Boundary disputes can be distressing. The breakdown of the relationship you share with your neighbors can destroy the security you feel when at home. To settle a boundary dispute, hire a reliable solicitor.
Reasons for boundary disputes
Facing a boundary dispute with a neighbor is not an uncommon issue. There are several ways a boundary dispute can arise. Sometimes it can be due to inaccurate deed descriptions. In some cases, it can be that a neighbor has been occupying a land for long and under the theory of “adverse possession” claims ownership of it. Another way a dispute can happen is when there are multiple deeds that assign the same property to different owners.
Some other reasons for boundary disputes include:
• Conflicts over boundary lines
• Overhanging foliage and house extensions
• Deciding who is responsible for maintaining the fence
• Surveyor disputes
• Positioning of drains and pipes
• Land registration
• Repairs and responsibilities
• Rights of way
• The title deeds
• The relevant legislation
• Consider all other information which might help
The reasons for the dispute, the land in question and the resolution options available will vary greatly from one to another depending on the situation.
The need for a solicitor
Disputes over boundaries can get confrontational and they can be difficult to fix. It can cause a huge amount of disruption for the two sides involved and can take long to resolve. This is where the expertise and skills of an able solicitor comes into play. Also, property litigation is a complex area of law and boundary dispute claims are often lengthy and expensive to litigate. It is therefore important that a landowner is represented by solicitors who have the knowledge, experience and ability to negotiate.
To proceed to settle boundary disputes, it is crucial to first have a comprehensive understanding of the nature and cause of the dispute. You will need to get a professional analysis done of whether there is any encroachment of property on either side and other details such as the amount of land disputed, the duration of time of encroachment and the permissions involved. It is a good idea to consult with a solicitor to find out if you have a valid claim and the things to do if the matter goes to litigation.
Determining who is in the right necessitates the true position of the legal boundary to be set. This requires a thorough examination of the deed documents and a surveyor to relate this information back to the ground. The solicitor will then check where and when the boundary discrepancies have arisen with a view to correcting the position as per the instructions of the client.
Solicitors can work to explore all possible solutions to bring a quick resolution of your case, without the need for court proceedings. If this is not possible, they offer effective representation in court.