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The four principal causes of boundary disputes are: desire to access economic resources; disagreement about the function of a boundary; disagreement over the actual definition of a boundary; and disagreement over the location a boundary has been placed.
The four major types of boundary disputes are operational, allocational, locational, and definitional.
These include direct nego- tiation, good offices, mediation, investiga- tion and conciliation, judicial settlement, arbitration, and any other mechanism to which the parties jointly agree.
While the Land Registry offers a process for resolving disputes relating to boundaries, it is generally advisable to seek legal advice on the merits of your claim before doing so. Where your neighbour contests your claim, the case will be sent to the Tribunal to resolve or will potentially need to be issued at court.
Boundary disputes usually arise when one person asserts ownership over a piece of land, which is owned by their neighbour. A common example would be if one neighbour moves their fence towards their neighbours' property, annexing the neighbour's land to theirs - this would give rise to a boundary dispute.
Virginia Boundary Fence Statute Virginia Code § 55.1-2821 states that adjoining landowners ?shall build and maintain division fences between their lands, equally splitting the costs, unless one of them decided to let his land lie open or agree otherwise.?
§ 15.2-3106. Whenever any two or more localities wish to relocate or change the boundary line between them, the governing bodies of such localities may, by agreement, establish, relocate or change such boundary line between them.
Involve a Real Estate Attorney at the Onset of a Dispute Often, a resolution between the disputing parties could allow for a monetary settlement, an agreement to divide the land, or for an easement. If no resolution can be reached, then only a lawsuit can resolve a boundary dispute.