An enviable track-record resolving boundary disputes
A boundary dispute occurs when two parties disagree about the position of a boundary line between properties or across land.
Disputes can arise when one party constructs a physical feature over what the other party believes is their boundary, such as a wall, fence, or hedge. In other cases, a dispute can arise when one party removes a long-standing feature along a boundary.
Types of boundary dispute
- Encroachment and trespass disputes can arise when a party changes the position of a boundary feature and includes more land on their side than they had previously.
- Disputed boundaries - for example, where there is a discrepancy between what a property owner sees on a title plan and what is on the ground
- Right-of-way and easement disputes can occur when one party has been walking over land for many years, for example, and then that land changes hands, and the new owner objects to the use.
- Adverse possession claims (also called squatter's rights) – a party may be able to claim ownership of land even if they were not the original owners, provided they can show they have exclusively used and occupied the land and no one else has, for over ten years.