How to Best Resolve Boundary Disputes with your Neighbour

If boundary disputes were easy to be resolved, most world conflicts could not be there. Boundary disputes are one of the leading causes of conflicts among people in society and tend to have lasting consequences that run for years and years.

In attempting to resolve boundary disputes with your neighbour, you need to ask yourselves some questions that will help you know the proper steps in seeking remedies to your dispute.

The first question to ask is concerning your genuine background for your true ownership of the property.

The second question is asking yourself what if your neighbour has legal documentation to back their ownership of property.

The third question to ask yourself is the extent to which you are willing to compromise.

Then, the last question to ask is to consider the willingness to take it to trial courts, the amount of time and money for the case.

Steps to use to back your ownership claim

Before you consider seeking the court to determine the fate of your ownership claim, you need to understand this avenue that can be used.

1.Commission land Survey

In every state, there is a land records ministry or department that is mandated to deal with land ownership issues.

In the above first two questions, land ownership can be determined through a title search and commissioning land map from a registered surveyor.

In some instances, when parties involved in dispute commission land survey through different surveyors, oftentimes result in disparity where each party believes they have a rightful claim.

For the best outcome, it’s recommended to seek an impartial surveyor to draw a land survey.

2.Demand letters

When one party is not willing to participate in comparing documentations. It might necessitate that you send a demand letter, stipulating your grievances and possible way to handle the whole issue.

It is recommended that you discuss it with your lawyer to ensure that you have a solid case as this step is often used as justification to seek resolution through legal avenues.

3.Mediation 

This is the most recommended way of handling disputes between neighbors as it is friendly, cost-effective and little time can be used.

There are mediation lawyers that are skilled in resolving land disputes and you can both used this. Although this is a legal resolution mechanism, you don’t need to hire lawyers to represent you.

4.Court 

Going to seek court assistance in resolving a boundary dispute should the last option after all other avenues have been exhausted without resolutions. This is because court avenue is expensive, time-consuming and the outcomes can be unfavorable to both disputing parties.

“The courts of this country should not be the places where resolution of land disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried,” says Reuben Kimani, CEO Username Investment limited

To be sure if this step is what you need, you need to consider the legal framework for boundary disputes.

i) Prescriptive Easements – This is where the court issues an order that someone or even members of the public can use a certain part of the property that belongs to you for a specific purpose like paths. 

ii) Adverse possession – Sometimes when you use a certain piece of property without the owner’s right for a long period. You have a right to be given the property legally.

iii) covenant, conditions, and restrictions – In some cases where parties experience property disputes, the court can rule that the property being disputed is not owned by both parties and it shall be owned by associations or entities that are mandated to manage common places or places to be used by the public.

Best Path scenario for boundary disputes  

Sometimes you might ask yourself if the steps you want to take are rational and cost-effective in the long run.

If your boundary dispute involves a big loss or if you need to develop a worthy property that will yield a high return in the future, then it might be advisable to use the court process and fight to the end.

Otherwise, if you have boundary disputes just because you want to avoid fencing few inches from your boundary, then sitting down and having a candid talk to resolves the matter will be the best thing. But emotions and entitlement feelings should shed off first.