Your neighbour may become not so neighbourly when the boundaries of your properties have not been clearly established. Building an extension to your kitchen, or adding ornamental shrubs in your backyard may cause your neighbour to come over to your place claiming that your construction or gardening is encroaching upon their property. Your neighbour might be referring to a portion of land which you have always believed to be yours.
A boundary indicates the size and location of your property with respect to other properties in the same area. It is an imaginary line that separates two contiguous lands, but it may be marked physically by artificial boundaries such as walls or fences, or natural boundaries such as rivers or creeks. It is described in legal documents of title, albeit, precision is not guaranteed when compared to the apparent boundary
As you start to look into fixing your dispute, check your deeds, or any record that may establish your property’s boundaries. The original conveyance is a most helpful document, and may be reviewed to determine the physical features surrounding the subject property at the time. Comparing your documents with those of your neighbour’s can also shed light to the dispute. However, the technical matters may have to be explained fully by a boundary surveyor, and the legal jargons may necessitate the interpretation by a property dispute lawyer.
The next convenient method to resolve your issues involving boundaries, is for you and your neighbour to volunteer to undergo an alternative dispute resolution. This is less costly, speedier, and highly encouraged over a property litigation. Your property dispute lawyer can advise you on which alternative to undergo, and if mediation is chosen, he can draft for you a convincing proposal for negotiation.
When despite all efforts to do away with property litigation, your boundary dispute remains, it is time to seek out assistance from competent property litigation solicitors who can manage your case. They can also help find expert witnesses to back up the evidence presented to support your claim.
But, while litigation is costly and time consuming, it is considered the most authoritative way of settling a boundary dispute.
Whatever the outcome of the litigation may be, pursue the registration of an Exact Line of Boundary by the Land Registry on the title registers of both properties. The chances of getting your property involved again in a boundary dispute will be minimized, because at this point, the boundaries have been accurately established.
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