It is a common scenario that adjoining neighbors get into a dispute about the ownership and positioning of the boundary. This may seem a common problem but sometimes it calls big hazards as well as legal tension. Generally, this kind of problem takes place when one party plans to use a part of the land for a specific purpose but the adjoining neighbor opposes the work. Apart from this, if due to the work any damage occurs to the neighbor, it will also create a dispute or be a legal problem. Generally, in this kind of situation, the owner needs to pay the repair cost on behalf of the neighbor.
When this is a common problem then will be some ways definitely to resolve the boundary disputes. Or we can say that from the very first move, this problem can be solved if you can rightly determine the boundaries and install boundary fences rightly. Generally, in 2020, most owners take the help of a professional boundary surveyor to avoid any boundary dispute and to build a smooth relationship with the neighbor.
There are some ways to install boundary fences on the right position and avoid any kind of dispute. Let’s discuss how to install the boundary lines below-
How to Determine the Boundary Lines
The common, as well as the best way of determining the boundary to establish boundary lines, is to check the deeds of the properties. Generally, there we get a clear demarcation of where the boundaries are exactly. This is a fast technique to identify. But we cannot call it the foolproof method. It is not foolproof because we do not know about the previous owner’s choices over the boundary. The previous owner may have altered the choices but he/she might not inform rightly to the authority.
Apart from this, there is another thing you should check. And that is for how long the party is using the disputed area. If the party is using that for more than twelve years continuously, it will be a case of adverse possession. Generally, this kind of situation turns into critical problems. So, it will be better, if you find such a scenario, you should take the help of a legal boundary surveyor from the very first step.
How to Establish Boundary Lines That are Missing on the Deeds
It has been noticed that there are some boundary areas that are not mentioned in the deeds. For example, we can say that party walls, hedges, ditches, and fences are not generally mentioned in the deeds. Most of the time, it runs with presumptions. But that can bring a lot of problems in near future. If both parties are aware of the presumptions, avoiding a dispute does not seem hectic. Let’s know the common presumptions below-
- If the fence falls into one side especially where the posts are supported, it will be the responsibility of the person who owns that particular side
- If properties are divided with the help of hedge and ditch, the owner of the hedge’s side will be the sole owner. If the ditch is missing or not installed, the rule will be the same.
- Interior walls that separate a semi-detached property is accepted as the responsibility of both parties. The repairing cost and hassle should be equally divided between both parties.
If your situation is the same, I mean the boundary lines are not clearly mentioned in the deed, you have to follow some special ways to resolve a boundary problem.
Ways of fixing a boundary (when the boundary lines are not mentioned in the deed):
- You should try to convince your neighbor with real-time data and make an agreement
- You can take the help of a professional boundary surveyor to develop a detailed plan
- After that, you should send the signed agreement and detailed plan to the land registry along with the completed application and application charges.
Sometimes, situations come when you cannot agree with the boundary lines. It is also a common problem and on a regular basis, a lot of people go through this kind of problem. At that time, most people take the help of professionals and follow the below ways.
Ways to solve a dispute when you cannot agree with the boundary line
Here we are giving you four best ways that you can follow to solve a dispute when you cannot agree with the boundary line. A lot of people have followed these ways and solved the disputes within a very short span of time. The best 4 ways are-
- Amicable discussion
- Mediation
- Adjudication
- And Courts
Overview of these 4 ways
Amicable discussion
Through the discussion between both parties, the dispute can be solved. You can make an agreement, send to the Land Registry and solve the boundary problem. In this way, you may not spend any money. But once the case reaches the court, you have to pay a lot of bucks. So, it will be better if you can solve the problem via an amicable discussion.
Mediation
If the first way does not work then you can think about the mediation process. Here both parties will appoint a person who is going to police the entire situation. Generally, parties appoint a professional boundary surveyor in order to smoothly handle the situation and fast reach the conclusion.
Adjudication
This way is also similar to mediation. But here parties appoint an independent expert to decide the dispute. Both of the parties are bound to agree with the decision of that independent expert. This process is fast and solves a matter easily and fast in comparison with the court.
Courts
When all the mentioned three ways fail, parties need to take the matter to the court. According to some people, this is the best way as there is no chance of future disputes at the same place. If you are planning to take the matter to the court, you should take the help of a professional otherwise the situation can be tough for you.
