A boundary dispute is a dispute that arises between owners or occupiers of neighbouring properties. Sometimes, but not always a boundary dispute will arise when one party constructs a fence, wall or building in a position which highlights that the two neighbours have different views as to where the boundary lies.
Who pays for a boundary dispute?
Boundary Dispute Court Costs will usually be awarded to the winning party, but will not necessarily be 100% recovered from the losing paying party, and it should be expected that you will not fully recoup your legal fees on assessment.
Why do boundary disputes occur?
Many root causes of boundary disputes exist, including natural or manmade changes in land features or formations, conflicting legal descriptions in the deeds to adjoining properties, contradictory or confusing language within the same deed, inconsistent or inaccurate surveys, mistakes in official plats, or other human …
Can I sell my house with a boundary dispute?
The answer depends on the nature of the dispute. In general, it’s poor practise to withhold any legal disputes with neighbours from a potential buyer. You also need to be honest about the facts of the dispute with any buyers.
Can Neighbour disputes go to court?
Yes. Lawyers representing parties in boundary disputes should always discuss with them the prospect of entering into alternative dispute resolution or mediation. If the parties litigate, then they can expect the judge, at some stage in the process, to recommend that they consider mediation if they have not done so.
Why do I have a boundary dispute with my Neighbor?
A boundary dispute may be a question of confusion or uncertainty; perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property.
When to be proactive about boundary line disputes?
And sometimes the landscape itself has changed, for example if a lake has dried up or someone built a fence in the wrong place. In these situations, spotting the line with your eyes isn’t possible. When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive.
Is there Statute of limitations on boundary disputes?
You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out. Familiarity with the legal and factual issues can help you communicate with your real estate attorney and find the best way to solve your boundary dispute, in or out of court.
Is there an exclusion on title insurance for boundary disputes?
Unfortunately, the standard title insurance policy contains an exclusion specifically meant to make sure the company does NOT get dragged into boundary line disputes. (The language may refer, for example, to matters that ” would be disclosed by an accurate survey and inspection of the premises.”)
