Boundary Disputes

Boundary Disputes – a stressful experience

Boundary DisputesBoundary Disputes can be one of the most stressful events in the ownership of property. That’s why, it’s not only sensible, but a relief to hand over the responsibility to your lawyer and a competent boundary surveyor you can trust.

Get advice early.

The longer you leave it the more it is likely to cost with potential mounting court costs and legal bills. You need to get in early, establish the facts and process and take control.

Boundaries are not a precise

Boundary DisputesIt is important to understand that boundaries are not a precise science mainly because the scale of plans used to define boundaries is very small. Often despite the best efforts of the original builder; boundaries are often put in the wrong place initially. As boundaries are replaced by property owner’s they can get unintentionally moved. Sometimes even soil creep can move the boundary on steep sloping land.

You have to consider all the facts

In order to determine the position of a boundary it is important to look at all the facts not just plans – but actual evidence on site. There can be a world of difference between what was intended and what is actually there to see.

Nobody has a boundary survey when they buy a new home.

Nobody has a boundary survey when they buy the property. Conflicts can arise over a fence replacement or new driveway. That’s when most people will reach for the deeds.

What to do

Heated arguments over the fence do nothing to resolve conflict. You need sound, calm and above all authoritative advice from a lawyer and a boundary expert. A boundary survey is essential. The money spent at this point can save you thousands later, because it sets a clear direction – independent of the neighbours screaming – and elevates your response to one of expert guidance.

What we do

Step One:

  • We will review all your information including legal documents
  • We will take the time to understand the problem and how it evolved
  • We will undertake an initial site survey to establish the issues
  • Produce an initial report then you can then decide on the best course of action

Step Two

  • A detailed site survey can be conducted to plot exactly the existing boundary and its relationship to all other available information

Step Three

  • An open dialogue with your neighbour (or their appointed surveyor) to resolve the dispute

The final step Court Action

  • If the parties’ surveyors cannot agree on the boundary position, the only way of resolving it is in the Courts. The evidence of both surveyors is put forward and a judge will decide based on all the evidence