Property Line Disagreements: How to Resolve Boundary Issues
Property line disagreements are a common issue that can arise between neighbours. These disputes usually surface when one party feels another has encroached on their property or if property boundaries are unclear. Resolving property line disagreements promptly and professionally is crucial to avoid further conflict, potential legal issues, and to maintain good neighbour relations. Here’s a guide to understanding, addressing, and solving property line disputes.
Common Causes of Property Line Disputes
- Unclear Boundary Lines: Sometimes, property lines aren’t clearly defined on maps or deeds, which can lead to misunderstandings about where one property ends, and another begins.
- Encroachments: This happens when a structure or landscaping from one property extends into a neighbor’s land. Examples include fences, driveways, or even sheds.
- Fence and Landscaping Issues: Disagreements over fence placement, trees, and landscaping features that cross or overhang a boundary line are common causes of property line
- Misinterpretation of Deeds: Property descriptions in deeds can sometimes be vague or outdated, leading to different interpretations of boundary locations.
Steps to Resolve Property Line Disagreements
- Review Property Documents and Deeds
Start by reviewing your property deed and any surveys provided at the time of purchase. These documents should outline your property’s boundary lines. Title insurance policies may also contain maps or descriptions that can help clarify boundary locations.
2. Talk to Your Neighbour
Often, open communication can resolve misunderstandings. Politely share your concerns with your neighbour and see if they’re willing to discuss and collaborate on a solution. Bring any relevant documents and be open to seeing theirs as well. In many cases, this initial conversation can clear up confusion without needing further action.
3. Hire a Licensed Land Surveyor
If there’s still disagreement after reviewing documents, hiring a licensed land surveyor can provide an authoritative solution. Professional surveyors can accurately measure, and mark property lines based on deed descriptions and local regulations. Canada Lands Surveyors (CLS) or British Columbia Land Surveyors (BCLS) are specially trained for land within their jurisdictions. A recent survey report can clarify property boundaries and provide a legally recognized reference, which is often the definitive solution for disputes.
4. Consider Mediation or Arbitration
When discussions stall, mediation can be a productive next step. A neutral third party can help neighbours reach a fair agreement without going to court. Arbitration can also be an option, where both parties agree to accept the arbitrator’s decision as legally binding.
5. Consult an Attorney
If a dispute persists and there’s potential for legal conflict, consult a property or real estate attorney. They can help you understand your rights and the local laws surrounding property disputes. Legal action should be a last resort, as it can be costly and can strain neighbourly relations. But, when necessary, it may be the only way to reach a final resolution.
How Professional Land Surveyors Can Help
Professional land surveyors play a key role in resolving boundary disputes. By conducting precise measurements and creating updated property maps, they provide an objective, legally recognized assessment of property lines. Canada Lands Surveyors and BC Land Surveyors are certified professionals qualified to handle official boundary surveys and provide documents that hold up in legal and regulatory matters. Their expertise ensures that boundary lines are accurately determined based on local laws, historical records, and up-to-date technology.
Preventing Future Property Line Disagreements
- Have a Survey Done Before Making Changes
If you plan to build a fence, extend a driveway, or add landscaping near your property line, consider having a survey done first. This can help you avoid encroaching on your neighbour’s property and reduce the risk of future disputes.
2. Keep Communication Open with Neighbours
Discuss any potential changes with your neighbours and be open to compromises if needed. Clear communication helps establish respect and understanding between both parties.
3. Document Any Agreements in Writing
If you and your neighbour reach an agreement about the boundary or any shared structures, consider putting the agreement in writing. This can prevent misunderstandings down the road and provides a reference if questions arise in the future.
Conclusion
Property line disagreements can be stressful, but they’re resolvable. By taking a proactive, professional approach and involving licensed land surveyors, most boundary disputes can be settled without escalation. Establishing clear boundaries not only protects your property rights but also fosters positive relationships with neighbours, ensuring peaceful and respectful coexistence.