Most people, if given the choice, would opt to live in peace and harmony with their neighbours, living out the days in their home without disturbance and in relative neighbourly bliss. Unfortunately, this is not always the case. Disputes can and do arise between neighbours. Often these disputes will result in an atmosphere of animosity, transforming a once harmonious coexistence into a battleground of point scoring and hostilities.
A common dispute that occurs is that of land boundaries and respective property ownership. Many property owners will live in ignorance for years, assuming the boundary of their property lies true with the location of the existing fence or border wall, but frequently this assumption is incorrect. Should there be no cause for assessment of exact boundary positions, then this blissful ignorance among neighbouring properties may continue indefinitely, with no ill effect to either party. However, conflict often arises when ownership of a property changes (either from sale or inheritance), or when one party applies for permission to build on their existing land, such as if someone builds a garage, additional rooms, or an outdoor pool. This is often when the issue of boundary lines will rear its ugly head and unless dealt with efficiently and promptly will continue to cause stress, havoc, and the destruction of neighbourly relations. When boundary locations become a source of conflict, there are some key steps to take to ensure a swift resolution.
Hire a Land Surveyor
A land surveyor is a registered professional who will be able to determine the exact boundary lines of a property. Their method of doing so entails thorough research and assessment of historical documentation such as deeds, titles, and previous surveys. Once a historical boundary line has been established, a land surveyor will use many different means of measuring existing boundaries in accordance with state and regional guidance and law and therefore establish whether any discrepancies or conflicts in boundary lines exist. This is a highly skilled area of expertise that requires a mixture of mathematics, science, and a high level of experience. Land surveying cannot be carried out by a lay person. Enlisting the help of a qualified and licensed land surveyor is the only way to legally and definitively establish the true location of boundary lines. Should a conflict escalate to the point where the courts are involved, a land survey will be court ordered. It is worth noting that having land surveyed prior to purchasing a property will ultimately help you avoid any disputes further down the line and will save property owners a large sum of money in the long term.
Enlist Mediation Services
When a conflict has developed, it is beneficial for all involved to attempt everything possible to arrive at a quick and easy resolution. Mediation or third-party negotiations are recommended to assist with disputes, especially those that have become rather nasty and hostile. Resolving a conflict through mediation will save both time and money by avoiding costly lawyer and court fees. Many places will offer mediation services. A local land surveyor may be able to recommend a mediation service that has experience with local law and land-boundary disputes.
Get a Good Lawyer
If a conflict escalates, and there is no resolution to be had, the only option left is to enlist the service of the courts, or civil litigation. This will be both costly and time consuming, and, although a ruling will eventually be made, there may be no personal resolution between the parties involved. Hire a lawyer that specialises in property law and specifically in boundary disputes. A good lawyer will be costly but effective. Some lawyers may even incorporate mediation processes as a means of reducing the level of hostility between the conflicting parties. Generally speaking, all attempts at resolution should be made before invoking legal proceedings.
Whilst the above steps will ensure a resolution of a land-boundary conflict, they will not necessarily provide a resolution of personal conflict. Every effort should be made to remain civil throughout any dispute, reducing the hostility and ill feeling left behind when the legal aspects have been resolved. Bear in mind that neighbours will still be neighbours even after a conflict is over. Do everything possible to ensure that neither party is left with a bitter taste in their mouth.
