How to Resolve Property Boundary Disputes

A boundary dispute with a neighbour is a common issue for landowners everywhere. It may even lead to litigation if the parties involved fail to resolve the matter through peaceful means. In this case, it’s important to have a thorough understanding of the situation and learn how to proceed legally through the problem.

What are boundary issues (and what causes them)?

Simply put, a boundary dispute is a disagreement between the owners or occupiers of at least two neighbouring properties. More often than not, it is simply a dispute regarding the position of a boundary. These issues often stem from material and/or cultural claims; sometimes they may also arise as a result of significant alterations in domestic environments.

Whether you’re building a fence or a retaining wall, removing a tree or placing a new driveway, the boundary of your property must always be clearly outlined. Boundaries that are misunderstood or improperly measured could potentially lead to disputes with your neighbours.

What can you do to avoid these kinds of issues?

If you need to construct a new fence or wall on your property, make sure that you put a clearly marked boundary into place.

Find a licensed surveyor to have an exact boundary line of your land or property drawn immediately. The surveyor will make use of highly specialised equipment and technology to ensure the physical boundary on your property matches the information from Lands Titles Office (LTO).

An in-depth search of the LTO’s records should bring forth any information about the existing boundaries or any changes to those boundaries by the previous owner. Once these boundaries have been identified, a comprehensive plan will then be developed, thereby preventing any accusations of encroachment.

What is encroachment?

An encroachment is a property violation classified as an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (intentionally or otherwise) above or below the surface of land. If your neighbor builds something that’s either partially or completely on your property without an agreement, it’s considered an encroachment. In fact, illegal encroachment problems that drag on for years may legally allow your neighbor to eventually claim possession of said property.

Encroachment often becomes a problem along disputed property lines when a property owner is not aware of his boundaries.

What to do if you think a neighbour is encroaching on your land?

You have every right to dispute the placement of any structure or object that may be encroaching onto your land. If you think your neighbour has erroneously placed their fence, or that their driveway (or any structure) is overlapping your property, there are a few things you can do before contacting your lawyer.

First, understand what the dispute is about and exactly where your property boundary is. Get a licensed surveyor to assess the property and physically mark out the boundaries accurately. This includes measuring the location of all improvements on the site and mapping their relationship to the boundary.

A professional team of licensed surveyors can do the following for you:

• acquire the appropriate LTO records
• undertake a full site survey to determine and mark the property boundary
• prepare a plan to show the results of their survey
• advise you of your available options going forward

Next, take time to talk through any boundary issues with your neighbour. For all you know, they simply may not be aware that they are placing things on your land. Take them through your perspective of the matter and let them know exactly what you are concerned about.

What to do if you’ve been accused of encroaching on a neighbour’s land?

If your neighbour has raised an encroachment or boundary dispute with you, there are a few simple actions you can take which could help to resolve the issue or avoid it altogether.

Speak with your neighbour and understand their concerns about the boundary or any possible encroachment onto their property. As we have mentioned above, have a licensed surveyor mark out the boundaries of each of your properties and map them accurately for both parties. Often, this simple step can straighten out the confusion and help you and your neighbour both understand where your land ends and your neighbour’s land begins.

Who pays for fences or retainer walls?

If you have plans to build or repair a fence between you and your neighbour’s properties, you need to give your neighbour enough notice about the work before you begin. They should be aware of everything you will be doing and subsequently consent to the work, as you may need to enter their property to complete it.

Although fences are, by technicality, legally owned jointly by both neighbours, there is no legal obligation for them to contribute funds to the repair or installation of a fence. Once again, a licensed surveyor can assist you with marking out your land boundaries for accurate fence placement, helping you to avoid any future boundary disputes.

What to do if you’re having boundary issues?

Ultimately, the best thing you can do to avoid or minimise boundary disputes is to formally identify the accurate placement of your property boundary. Having a licensed surveyor identify and mark out your boundary can help prevent encroachment disputes from ever occurring.

A typical boundary identification survey involves a team of licensed surveyors obtaining the legal records to establish the history of the property. The surveyors will then undertake a comprehensive site survey, where they will identify and mark the property’s boundary. Once the survey is complete, a plan will be prepared and then signed by a licensed surveyor, which will then be shared with you so that you can fully understand the boundaries of your property.

If the situation doesn’t clear, it may be in your best interest to get in contact with property dispute lawyers. They will gladly take on your case and assist you with your dispute by tailoring a solution to your unique circumstances. Whether you’re an individual owner or a property development company, their expertise can help take the stress, emotion, and cost out of your dispute.