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How to settle property disputes

26/11/2018

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​Land owners are increasingly aware of their property boundaries as the value of land continues to increase. Many land owners do not know where the precise edges of their boundaries are. Often the boundaries have been relocated because of the number of times their property has changed hands over the years, or because it is assumed that existing fences or landscape form the boundaries. The confusion over property boundaries is the basis of many neighbour disputes, including encroachments (or perceived encroachments) on one's property.
 
Property disputes are also common when there is a change of ownership and the new neighbor wants to install a fence, driveway, or do some landscaping that seems to be encroaching on the adjacent lot.
 
It is wise to discuss the situation with your neighbor as the dispute may just be the result of a misunderstanding or bad information over boundaries. Also your neighbor may not be aware that there is a boundary issue. Handle the issue as amicably as possible to avoid any animosity; bear in mind that you may have to live next door to each other for a long time. Discuss options for resolving the dispute. Advise the neighbor if you are hiring the services of a surveyor to identify property lines.
 
Being open with your neighbor about the results of any survey, appraisal, or title search you had done on your property ensures you're both working together to resolve any issues. With full information, you both can present your ideal outcomes if a dispute arises and work towards a compromise.
 
Lot line conflicts can also arise when homeowners apply for a building permit to upgrade their home with an addition, such as a garage, pool or extra room.
 
Hiring a registered land surveyor is the only legally acceptable way to definitely establish true property lines. The surveyor will researches property descriptions and deeds, conduct physical lot line assessments and mark land boundaries with durable corner markers in accordance with the applicable laws and guidelines.
 
You and your neighbor may be able to settle the boundary dispute through negotiation; put this in writing so that it become legally binding.
 
If a property boundary dispute escalates to the point where the courts are involved, a land survey will be ordered by the court.
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