Factsheet: Boundary disputes
Put simply, a boundary dispute is usually a disagreement between neighbours about the boundary between their properties. They often arise when there has been a change of ownership, use or when development to a home is planned.
Common disputes
The most common boundary disputes fall into 4 categories:
- Territorial: disputes relating to the location of property lines. i.e. who owns what;
- Positional: disagreements that arise when one party asserts that a fence, structure or other enhancement has been situated incorrectly, potentially encroaching on their property;
- Functional: disputes over the purpose of a property. For example if a residential property is being used for commercial purposes;
- Resource: debates over shared amenities, such as access to common areas etc.
How to determine a boundary line
Figuring out where are properties boundaries are, might need more than just the ability to understand legal documents such as title deeds. Historical records, local regulations, potential shared rights and issues relating to property titles may also be required to establish who owns what.
When establishing facts, the courts will usually consider the following:
Title Deeds, Property Plans and Related Documents
Where these documents are clear, the boundary dispute may be settled quickly and easily.
Other supporting evidence
The disputing parties should establish whether there are any historical legal disputes or agreements related to the property – both formal and informal. Maps and other historical records may also shed light on a property’s past boundaries, and local regulations can prove its intended usage and where its boundaries are defined. Photographs, including aerial and historical snapshots, can support arguments about property boundaries. Evidence in the form of witness statements, including from residents and others with knowledge of the position of the borders, can also be extremely valuable.
Surveys
It is common for the parties involved in the dispute to appoint their own independent surveyor. They use specialist equipment to determine a properties boundaries based on legal descriptions and markers.
Summary
There isn't one source that will resolve a boundary dispute. It may require the collation of multiple pieces of information and involve engaging with a boundary dispute legal professional.
Whilst Groundsure can assist in providing historical or current mapping, this isn't the only piece of information likely required, and the client should be made aware.