Quick Answer: How Do You Deal With Boundary Issues?

What are the major reasons for boundary disputes?

Many root causes of boundary disputes exist, including natural or manmade changes in land features or formations, conflicting legal descriptions in the deeds to adjoining properties, contradictory or confusing language within the same deed, inconsistent or inaccurate surveys, mistakes in official plats, or other human ….

What is a natural boundary?

Natural boundary means those points of the boundary of a region that marks the beginning of a boundary line. Usually it is formed naturally and it might be something like a river, mountain range, or an ocean.

How do you stop encroachment?

Ensure that your property is physically protected by a strong wall or fence. If possible, bring out a small construction on your property and let out to credible tenants under a well-drafted tenancy agreement. 5. Monitoring and periodic visits to your vacant plot of land are a must.

What are the 4 types of boundary disputes?

Terms in this set (7)Definitional boundary disputes. … Locational boundary disputes. … Operational boundary disputes. … Allocational boundary disputes. … Antecedent or superimposed boundary disputes. … Geometric Boundaries. … Physical Political Boundaries.

Can my Neighbour attach things to my fence?

Can my neighbour attach or nail things to my fence? The short answer to this question is, of course, “no”. If you own the fence and you have not granted your neighbour permission to do so, they are not allowed to attach or nail things to your fence.

Why do boundary disputes occur?

But in the last analysis, boundary disputes arise because of one landowner’s lack of consideration for the owners of the adjoining land. Far more boundary disputes occur between the owners of two adjacent residential properties than between commercial or agricultural neighbours.

Do I have to tell my neighbor im putting up a fence?

Do I have to get the owner’s permission before I erect a dividing fence? No, you don’t – you can put up a fence without your neighbour’s permission. However, you can only make a claim for half the cost of the new fence from them once they’ve erected a substantial building on the vacant land.

Which boundary do I own?

Also, there’s no set rule about whether you own the fence on the right or on the left-hand side of your house. You may be able to get this information from the conveyance deed, where there could be an already established boundary agreement regarding which fence side you are responsible for.

How do you deal with a Neighbour dispute over boundaries?

If you know where the boundary is and you don’t need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can – make a note of what you agreed. If you don’t feel comfortable speaking to them, write to them or ask someone to contact them for you.

How can you tell if a fence is yours?

The answer: Fence ownership is determined by where your fence lays on the property line. If your fence is right on the property line between your neighbor’s property and your property, neither you nor your neighbor owns a side; it’s a shared fence and a shared responsibility.

What is an example of encroachment?

There is a term for this battle of land: “encroachment.” An encroachment happens when a fence or another piece of your neighbor’s property crosses the property lines. Other examples of encroachments could involve trees, parts of a building, fencing or any other fixtures located on both pieces of property.

Can I remove an encroachment?

The remedies available include a court order enforcing the removal of the encroachment (where practical) or the encroaching neighbour paying compensation to the neighbour encroached upon equal to the value of the land that the encroaching party has effectively taken over.

What can I do if my Neighbour won’t repair his fence?

Ask your neighbour to repair or replace the fence If you’re on good terms with your neighbour, a friendly approach to point out the state of the fence and asking them what their plans are might do the trick.

Who gets the good side of the fence?

The finished side should face toward your neighbor. Not only is this more polite, but it’s the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.

Can my neighbor make me pay for fence?

In most states, adjoining owners must share the cost of the fence. That obligation only occurs if the fence is inadequate or there is no fence. There are exceptions: If one neighbour wants a higher standard fence than required, then they must pay the additional cost: or.

Can a Neighbour knock down a boundary wall?

If it has been built on your neighbour’s land, don’t panic. If the wall has been in the same place for more than 20 years without legal challenge, you have probably taken ownership of the land on which the wall is built, the land up to the wall as well). In that case, your neighbour can’t knock it down.

How do you resolve boundary issues?

Getting professional help with a boundary disputeNegotiate directly with the neighbour to achieve a settlement of the dispute that has arisen; or.Agree with the neighbour to enter into a form of Alternative Dispute Resolution (ADR), and in the present conundrum I would recommend Mediation; or.More items…•

Is there a time limit on boundary disputes?

Legislation. You can also apply to the Registrar-General under Part 14A of the Real Property Act 1900, for a boundary determination. … Any appeal of the determination must be made to the Land and Environment Court within 28 days (Real Property Act 1900, section 135J).

How do you fix encroachment problems?

Thankfully, you may pursue a few possible options to resolve this problem.Go to court. A court determination can provide a legal order to rectify your encroachment issue. … Negotiate. If you get along with your neighbor, negotiation may be an effective choice in resolving your encroachment issue. … Sell.