Advice on the Best Ways to Resolve Boundary Disputes
When an individual has a problem with his or her neighbour in regards to the property line between their houses it is best to try and solve the problem with a mutual agreement before the problem lands up in court. Property owners can resolve boundary disputes by agreeing on a type of common marker.
Is their fence too big? – image SWNS
These types of markers can include items such as a tree or a fence in order to conclude where the land that belongs to each property owner will begin and where it will end. Once these lines have been agreed on the two parties should put this agreement in writing by signing a deed in order to formalize the “agreed upon” perimeters of their land.
In cases when property owners are unable to resolve boundary disputes informally, they are able to obtain a survey that determines the actual legal boundaries. These surveys are put into place when sub dividing pieces of land for the purpose of property use.
As the uses of properties are known to change over time, it is a common occurrence for boundary disputes to crop up. The disputes can include the placement of a new wall or fencing, building additions or even a tree which may be encroaching onto one of the property owners land. The dispute is easily resolved when one of the neighbours can deed a small portion of his land to the other property owner in response to the other neighbour uprooting the tree or tearing down the building in question.
One of the more common methods in resolving these types of issues is known as “granting an easement” onto the one of the neighbours of a property in regards to solving a boundary issue. In regards to property law there is a provision known as “adverse possession” that is in existence in a few regions in order to resolve boundary disputes between two next door properties.
Adverse possession refers to when one neighbour has used the other person’s land over an extended time, without any complaints. In this particular situation the part of the property that is used may be transferred into the name of the neighbour using it. These types of laws usually pertain to roads or driveways.
One of the only true methods in determining the actual boundaries between each property will be a survey. Before land is utilized for property use, surveyors make use of stakes that are embedded into the ground at each corner of a land lot when subdividing or dividing the land. These metal stakes are more than often buried over time and can become covered by paving, buildings or fences.
When a dispute arises of the actual boundary line between two properties the use of a metal detector can determine the actual location of the survey stakes. This is one of the fastest and easiest methods in resolving a boundary issue between neighbouring properties.
In certain areas, mediators are offered from the government in order to work with the two property owners who have a dispute of the exact location of their property lines. Departments will provide maps in order to depict dimensions relating to a lot. Depending on the region will determine whether there is a cost involved for these mediation services.
Sometimes it is necessary to consult a law firm to deal with a boundary dispute. Most lawyers will be able to help. Here’s one and here’s an Albany law firm for people who live on the North Shore. McVeagh Fleming is certainly one of the bigger lawyers on the North Shore and they can help you with your boundary dispute.