In this article, we’ll cover what kinds of boundaries are there and how to resolve those disputes.
It’s difficult resolving a boundary dispute. Whether caused by negligence, an honest mistake, or one neighbor being a jerk, these disputes can cause tension between neighbors that can last for years. Boundary disputes are timely and costly to resolve in court, so here’s some tips to help you solve the matter amicably.
Here are some tips for resolving boundary disputes:
There’s a lot of misinformation about boundary disputes. People often think it’s the same as a fence dispute and that the only way to resolve it is with a surveyor’s report. But this is not always the case.
The best way to resolve a boundary dispute is to work with your neighbour to come up with an agreement that both of you are comfortable with.
Understand what your neighbour wants
When you’re faced with a boundary dispute, the first thing to do is to get to know your neighbour. Before confronting your neighbour about your concerns, it’s important to know what they want from the situation.
Ask them directly. It’s best to have a conversation face-to-face if possible. If this isn’t possible and you have a message for them, leave it in writing with a mutual friend or neighbour who can pass it on without any issues arising between the two of you.
The purpose of this step is to understand what your neighbour wants from the situation and whether it’s something that can be resolved easily. If this isn’t possible then it’s time to take further action (see below).
Make sure you’re both on the same page about what you want
If you don’t share the same goals, then there’s no way for you to come up with a solution that works for everyone involved.
For example, if one side wants the property line moved so they can expand their yard, while the other side wants to keep things as they are, there’s really no way for both parties to get what they want out of this situation.
You need to be clear about what your plans are before starting any work.
Know the law and your rights
A boundary dispute is usually a disagreement between neighbours and often involves issues of ownership, liability and nuisance.
Boundary disputes can be difficult to resolve and there may be a number of legal steps that need to be taken before you can resolve your problem.
If you’re involved in a boundary dispute, it’s important to know your rights and responsibilities under the law.
You should also know what information you need from other people involved in your dispute.
If you are on the receiving end of a boundary dispute, you should seek legal advice immediately so that you can protect your interests and avoid liability for any damages caused by the dispute.
Be open to compromise
If a boundary dispute is going to be solved, you and your neighbor need to be open to compromise. This doesn’t mean giving in to everything they want, but it does mean listening to what they have to say and working together to come up with a solution that works for both sides.
If you don’t work together, the situation can become much worse than it already is. You may end up with an expensive lawsuit that will take years to resolve. To avoid this, try these tips:
Be honest about what happened. If you’re not sure who’s at fault or why there’s a problem with your neighbors’ fence, tell them so. Let them know that you’re willing to listen if they have any concerns about their property line or fence line being in the wrong place.
Discuss options for resolving the problem without making accusations or threats. Ask them how they would like their property line marked if it turns out that their fence isn’t where it should be — for example, would they prefer moving their gate or building another gate? Or maybe there’s another solution altogether that would work better for both of you?
Talk to a lawyer
Lawyers can help you understand your rights and obligations under the law. They’ll also be able to tell you whether it’s worth pursuing your claim through court or whether it might be better to negotiate with the other party or take some other course of action.
Here are some tips for talking to a lawyer about your boundary dispute:
Find out if they have experience with boundary disputes like yours. If they don’t have experience, ask them for recommendations for other lawyers who do specialize in boundary disputes.
Ask about their rates and fees upfront so that there are no surprises later on when it comes time to pay them.
Find out how much time they expect it will take them to deal with your case before they agree to represent you, and make sure that this is acceptable given the money you want to spend on legal fees (you may not want to spend thousands of dollars if there’s no guarantee that resolving your dispute will take less than two years).
Conclusion
Boundary disputes most often arise over fences, hedges or walls. Use these tips to get help and come to an agreement with your neighbour.: Ask your neighbour not to build something on a boundary wall. If they do, do not return the favour.
Boundary disputes can arise out of unclear or incomplete legal descriptions, incorrect surveys, the wrongful conviction of one party regarding the location of the boundary or line, and many other reasons.
There are plenty of resources available that can provide support on this subject, such as community organizations, lawyers and paralegals, local government officials and even financial institutions.
