Blog Post

Boundary Disputes: What You Need to Know

16 July 2024

Boundary disputes can be a source of significant stress and tension between neighbours. Understanding your rights and the legal processes involved is essential to resolving these issues effectively. At Almy & Thomas, we are experienced in handling boundary disputes and providing expert dispute resolution services in Torquay. Here's what you need to know about boundary disputes and how we can help.


What is a Boundary Dispute?

A boundary dispute arises when two neighbouring property owners disagree about the precise location of the boundary dividing their properties. These disputes can occur for various reasons, including:


Unclear property boundaries: Often, the boundaries outlined in property deeds are not as precise as they should be.


Encroachments: Situations where one neighbour builds a structure, such as a fence or extension, that extends into the other’s property.


Maintenance responsibilities: Disputes over who is responsible for the upkeep of shared boundaries like fences or hedges.


Common Causes of Boundary Disputes

Boundary disputes can stem from several common causes, including:


Historical inaccuracies: Old maps or property descriptions might be inaccurate or ambiguous.

Physical changes: Over time, natural shifts in landscape or deliberate changes can alter the perceived boundaries.


Miscommunication: Neighbours may have different understandings or interpretations of boundary lines.


Steps to Resolve a Boundary Dispute

Resolving boundary disputes can be complex, but the following steps can help simplify the process:


Review Property Documents:


●     Examine the title deeds, plans, and any other relevant documents.

●     Ensure you understand the legal descriptions of your property boundaries.


Discuss with Your Neighbour:


●     Approach your neighbour amicably to discuss the issue.

●     Try to reach an agreement informally, possibly with the help of a mediator.


Get a Professional Survey:


●     Hire a professional surveyor to assess and map out the precise boundary.

●     A surveyor’s report can provide an objective basis for resolving disputes.


Seek Legal Advice:


●     If discussions and surveys do not resolve the issue, seek legal advice.

●     Our team at Almy & Thomas can guide you through the legal options available.


Legal Action:


●     As a last resort, you might need to take legal action.

●     We can represent you in court to ensure your property rights are upheld.



Why Choose Almy & Thomas?

At Almy & Thomas, we have a long history of providing expert legal services in Torquay. Here’s how we can assist with boundary disputes:


Experienced Team: Our solicitors are well-versed in dispute resolution and property law.

 

Personalised Approach: We tailor our services to meet your specific needs and circumstances.

 

Comprehensive Support: From initial advice to representation in court, we support you at every step.


Boundary disputes can be stressful, but with the right support, they can be resolved efficiently and amicably. If you are facing a boundary dispute, contact Almy & Thomas today for a free initial consultation. Let us help you protect your property rights and achieve a fair resolution.


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