Encroachment and boundary disputes are common among neighbours, whether in residential, commercial, or industrial real estate. Unfortunately, the land registry cannot settle the disagreements because personnel at the land documentation offices will only have the general, not precise, boundary location.
Here are the tips on how to minimise boundary disputes, and the means to resolve any boundary-related conflict.
What can lead to boundary and intrusion conflicts?
A misunderstanding involving a borderline may arise because of inaccurate measurements. Erroneously measured land may place the fences, perimeter wall, home structures, driveways, or trees in the wrong place. Mostly, the disagreements over borders come up when landowners want to repair or replace fences.
Tenants in Boundary Disputes
When you are a tenant, your rental contract should state that your landlord will resolve the boundaries in the land you live on.
Do You Proceed to Court for Boundary Dispute Settlement?
Neither the high court nor the country court or land registry tribunal is the best place to seek assistance in case of contestation about land measurements. First, courts and tribunals do not visit the location of the contested land. Instead, the judge or tribunal will only hear the legal arguments from lawyers and rely on documentary evidence before reaching a verdict or decision.
Undoubtedly, each of the warring neighbours will hire respective attorneys. It takes a lot of time and money to file cases in court or tribunal. You can wait for several months as your lawyers present evidence, arguments, and counter-arguments. The court will similarly spend many days analysing the arguments and doing interrogatories before deciding who legally owns the borderline.
Opening Negotiations with Your Neighbor
Litigation in courts costs can easily go beyond the price of the land in question. The encroached home compound or shifted boundary may be too small that the most appropriate way to deal with it is to reach out to the offending neighbour.
The warring parties require to map out the areas that need further assessment. As a beginning, the neighbours who own the adjacent real estate must aim at getting accurate information about land demarcation. Ideally, communication should make clear the nature of the boundary problem. After consulting your neighbour, you will shortly establish whether surveying experts need to be brought in.
The Right Boundary Measurements for Disagreeing Land Owners
The surest way out of the quarrels over boundaries is to consult a licensed surveyor to offer expert advice on how to determine the accurate boundary dimensions. First, have all the paperwork you got upon purchasing your property. Purchase the documents that outline the dimensions of your land as well as the adjacent pieces of land. Study the survey documents and measurements to find out if the border wall or fence is within your land or not.
Request for Professional Land Survey
A professional land survey should tell if one neighbour needs to move a structure or fence. The conclusion about whether there is encroachment and the means to handle it can be easily made if the neighbours work together. Encroachment cases need not to cause tension between neighbours.
