Knowing how to resolve boundary disputes can be difficult, as they can be a process fraught with high tensions and hostility. If you want to know how to win a boundary dispute, it’s first important to know exactly what one is, and what the common process for resolving one normally looks like.
What Is A Boundary Dispute?
A boundary dispute is quite simply when two parties, usually neighbours, cannot agree where their property boundaries intersect. This can take many forms, whether it be a case of an overgrowing tree, erecting a new fence or wall, trespassing, rights to light, rights of way, and much more besides.
For example, take two neighbours – Alex and Phil. Phil wants to build a new wall between their gardens, as the current one is falling into disrepair. After it is removed and a new one is rebuilt, Alex takes issue and says the new wall is encroaching too far over his boundary – robbing him of garden space. Where do you begin settling this situation?
Talking It Out
The first step is always calm resolution if possible – namely talking with the person who has the dispute and trying to reach a suitable resolution. If you know the boundary has been encroached it’s worth simply admitting it and offering some form of compensation – this can be much easier and more affordable than fighting it. If you are convinced you are in the right, however, it will have to go to the next stage and involve legal help.
Getting Solicitors Involved
Phil and Alex talked it out, but Phil is adamant that the new wall is in the exact same place as the old one. Alex meanwhile is adamant that it encroaches onto his property. So, they get their legal representation involved. The first step here is for the solicitors to examine title deeds, historic photographs, boundary records, and any other data they possibly can to give the clearest possible answer about where the boundaries lie.
If this can’t provide a conclusive answer, the issue will go to court. It’s worth noting, however, that taking the matter to court can be a stressful and very expensive process – and a court will demand that all other reasonable measures to pursue a resolution have been exhausted first. It’s worth strongly considering the overall costs involved when it comes to court proceedings before you pursue them, regarding a boundary claim.
For more information, or for help with your boundary claim, contact Bowsers Solicitors today.