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Options for resolving a boundary dispute Instructing a lawyer to act as a go between could help ensure that negotiations are concluded and recorded correctly. A letter from an expert property lawyer could assist with a speedy conclusion to the matter.
Fence, landscaping, or outbuilding disputes: These kinds of disputes arise when a landowner claims that their neighbor's fence, landscape, or outbuilding crosses the boundary line.
First, both parties need to recognize that there is a specific line; and second, both parties need to acknowledge the line as the boundary separating both properties. To determine if the landowners meet the requirements, the court may look at the history and usage by the landowners.
While it is not always possible, it is important to firstly try to identify where your boundary is before starting any building works. That can be done by gathering information about your property and neighbouring properties, such as title deeds, photographs, ordinance survey maps and declarations from previous owners.
Determining a boundary If there is a dispute over a position of a boundary and it is clear from the title deeds where the boundary lies, the title deeds cannot be challenged. Where there is a boundary dispute and the title deeds are not clear, extrinsic evidence may be used to established the boundary.
Many root causes of boundary disputes exist, including natural or manmade changes in land features or formations, conflicting legal descriptions in the deeds to adjoining properties, contradictory or confusing language within the same deed, inconsistent or inaccurate surveys, mistakes in official plats, or other human ...
Boundary disputes can arise for a number of reasons, including: Inaccurate maps. Changes to property lines. Misunderstandings between neighbours. Faulty construction. Adverse possession.