Boundary Disputes
You can follow certain steps to resolve boundary disputes in case your neighbour and you cannot agree on the location of the boundary between both of your properties:
- Communication and Negotiation: The first step is to have open and respectful conversations with your neighbour regarding the boundary dispute. Have both sides taken the opportunity to understand their situation? Have there been discussions about common ground? Are there any possible common grounds from surveys, title deeds or historical documents?
- Mediation: If conversations regarding the boundary matter seems futile with the neighbour, mediation may be appropriate for you. Mediation occurs when a neutral third party guides the dialogue. The mediator may speak to both you and the neighbour about the boundary issue. The mediator will then facilitate the conversation, hopefully resulting in some outcome that is agreeable to both parties. Mediation is typically cheaper and less adversarial than court.
- Boundary Survey: If mediation does not resolve the dispute, you might want to hire a professional land surveyor to complete a boundary survey. The Surveyor would take measurements and assess the property’s boundaries using historical records, existing markers and other factors about the land. They would draft a report that would contain evidence that would assist with almost finding the boundary.
Image of a typical boundary dispute
- Boundary Agreement: If you and your neighbour managed to agree about the location of the boundary, you can memorialise the agreement with a written boundary agreement. Both you and your neighbour should seek legal advice from a solicitor or conveyancer to make sure the agreement is prescriptive or a binding contract and properly drafted.
- Legal Action: If negotiating or mediation is of no value in reaching a conclusion to your boundary dispute, your only avenue may be to bring a legal action regarding your dispute. At this point you may be able to take the benefit of consulting a suitably qualified property lawyer with experience in boundary disputes to advise you as to your dispute may lead to options including commencing a court proceeding or making an application to the Land Registry for determination of boundary by the Land Registry.
Resolution of boundary dispute can be frustrating, however, it is important that you remain patient and willing to come to reasonable options instead. If the parties involved in the boundary dispute can communicate and negotiate respectfully, and then follow up with the proper professional advice, you may hopefully find yourself arriving at reasonable compromises and conclusions.
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