Boundary disputes are when you and a neighbor disagree over where the boundary line is positioned between your properties. These arguments can be seen in residential and commercial situations.
If you’re dealing with a dispute over your boundary line, there are important things you should do. In this article, we outline the common types of boundary line disputes, how to deal with them, and when you should seek legal guidance to help you deal with them effectively.
Why Do Boundary Disputes Arise?
It’s common for boundary disputes to occur because of the following:
- Misunderstandings. It can happen that property owners don’t interpret survey plans or titles in the same way. This is commonly seen when there are errors in the property survey.
- Natural changes to the lines. There can be changes made to the land by weather or erosion.
- Additional structures. If one party erects a structure that crosses the boundary line, such as a fence, this can cause disputes.
- Long-term use. If the property line area has been used for a long time for a purpose, this can make the issue of boundary lines a bit more complicated. For example, a neighbor who has been using the property line area as a driveway for years might not want to stop doing this.
How Can You Resolve Boundary Disputes?
There are effective methods to resolve disputes between you and your neighbors. Here are the most common ones.
Get a Property Survey
This will give you and your neighbor clarity over where the property line is located. Sometimes, this is enough to end the dispute.
Acquire Historical Property Documents
A property’s boundary line isn’t always clear, such as if there aren’t documents that properly reflect it. In such cases, you can request that your solicitor reviews the property history to provide clarity.
Discuss the Issue with Your Neighbor
It’s always good practice to try to resolve the dispute by speaking with your neigbhor in a respectful and empathetic way. This will help you to figure out where you both stand on the dispute, and it can often be enough to resolve any misunderstandings. Agreeing to get a survey or historical property documents during this conversation can also help you.
Consider Mediation
If you and your neighbor can’t reach an amicable agreement, you might require some outsider help. Mediation is when you hire a mediator to oversee your discussions so that you can be assisted to reach a mutual agreement that favors both of your desired outcomes.
Should mediation fail, you can engage in arbitration. This is when an arbitrator listens to both parties’ cases and then delivers a final, usually legally-binding, decision so that you can end the boundary line dispute.
Take Legal Action (as a Last Resort)
Despite your best efforts, you might need to take legal action to settle the matter. For this, it’s essential to consult with a lawyer, especially because laws surrounding boundary lines can be complex.
What Legal Remedies Are There For Boundary Disputes?
- Determination. This is when a judge considers the evidence brought forward by both parties and decides on where the property line is positioned.
- Injunction. The judge can decide to eliminate any structures on the property that are causing encroachment issues with your neighbor.
- Damages. Parties can be compensated if they’ve experienced financial losses because of encroaching boundaries.
- Settlements. In some cases, parties can agree on terms to settle the dispute.
When Should You Consult with a Lawyer for a Boundary Dispute?
Although you might think you only need to hire a lawyer when your neighbor threatens legal action for a boundary dispute, you should consult with them early on in the dispute.
Here is how a lawyer can help you:
- A lawyer will help you go through all your property documents so that they can strengthen your case.
- They’ll guide you through mediation and arbitration.
- They’ll represent you in court so that they can minimize your losses and risks.
- By enlisting their help early in the process, they’ll reduce your costs and help you settle on a resolution.
- They’ll deal with your neighbor on your behalf. This prevents you from making any errors, such as engaging in heated discussions that escalate the issue.
How Can You Prevent Boundary Line Disputes?
No one wants to fight with a neighbor over the location of a boundary line, especially if it leads to broken communication or encroaches on your property. Here are some ways in which you can prevent boundary line disputes.
Keep Your Neigbhors Involved
If you’re going to be doing something near or on the boundary line, you should consult with your neigbhor. Sometimes this is all that’s required to prevent misunderstandings and make them feel that you’re considerate of their opinions.
Maintain the Boundary Line
You should regularly inspect and maintain the boundary line to avoid issues such as ground shifting or other damage. You should also periodically trim back trees that can obscure the boundary line.
Draft Clear Agreements
If there are any new decisions made about the boundary line between you and your neighbor, you should get it all down in writing to prevent misunderstandings or disputes in the future. It can also be helpful to keep a record of how the boundary line is being used or maintained.
If you need any help with drafting agreements or documents, you should contact a lawyer from ContractsCounsel, an online legal network connecting clients with vetted lawyers on the platform. With years of experience and expertise, they’ll be able to draft clear, concise, and legally sound documents to prevent boundary line disputes.
To get started, simply post a project requesting contract drafting or review on the platform. You’ll receive multiple bids from lawyers who want to work with you. After reviewing their profiles and experience, you can select the best one according to your requirements.
Are you involved in a boundary dispute?
Although boundary disputes can be stressful to deal with, you don’t have to end up in court because of them. You should hire a lawyer from ContractsCounsel. They’ll help you to navigate boundary disputes so that you can resolve them quickly and effectively.
