Four Types of Boundary Disputes With Neighbour

November 28, 2022    Civillawyers
Four Types of Boundary Disputes With Neighbour

Disputes between neighbouring property owners are usually common in Australia. These disputes or problems arise generally for various reasons, and they arise from various circumstances. People usually opt for legal help in these cases.


As the owner of any property, if you think someone is taking away your property rights or accusing you of doing the same, you must engage in the best legal counsel from top neighbour dispute lawyers to assist you in gaining a proper neighbourhood dispute resolution. Read the guide below to learn more about the types of boundary disputes with neighbours.


Types of Boundary Disputes With Neighbours?

From disputes about the placement of fences and other exterior buildings to disputes about access rights, these kinds of boundary disputes can take many forms. There are different types of construction disputes can easily be broken down into the following categories:

1. Lot line disputes

These kinds of disputes usually arise in the context of any real estate sales. These kinds of disputes arise when a property owner acquires a survey for the need of refinancing or moving forward with any construction project. The survey usually indicates that the lot line is not where it is usually believed, leading to disputes.


When a neighbouring property owner disagrees over the location of any lot line, various steps can be taken to properly define the boundaries of every neighbour’s property. You can acquire the original property records from the correct records office.


These records can be used to acquire an accurate survey, and the boundary line is known. After it is known, the specific parties can move forward with their proposed construction projects or transactions.


2. Fence, Landscaping & Outbuilding Disputes

This is one of the most important types of boundary issues, and boundary disputes usually arise when a neighbour claims that another individual’s landscaping, fence or outbuilding crosses the boundary line. Though this is a form of lot dispute, it involves the additional challenges of deciding what to do with items that are not located properly.


When dealing with landscaping, fences or outbuildings that are partially or entirely on the improper side of the boundary line, there are different options for neighbouring property owners. One of the options is for the offending property to be removed, and this usually depends on what the offending improvement is.


Based on the offending improvement, there may be better practical options. But, property owners are under no obligation to allow the current improvements to stay on their property. Another option is for the property owner on whose land the improvement has been placed improperly to grant a licence to the owner for improvement.


Licences and easements are used to provide an individual with the right to use another person’s property. Both licences and easements can be limited to a particular purpose, such as to allow for a current improvement to stay. They will also need a one-time fee or consistent payments over time.


Before you opt to hire neighbour dispute lawyers to get a proper resolution, you must know that there is a third option too that you can use. This option is available in some circumstances to sell the portion of the land where the specific offending improvement is located to the improvement owner. No form of subdividing might be allowed based on where the properties are located.


3. Access disputes

This is another type of boundary dispute that allows the need for a property owner to enter or cross the property of another neighbour. For instance, a rural property owner might be required to cross a neighbouring property to access a road, or a business might need a neighbouring property to enhance its parking.


With this kind of dispute, the first step that should be taken is to review the current property records for both parcels. If an easement or licence is already there, this may be able to resolve the problem. If there is none, both parties can negotiate a mutually-agreeable solution if both want to do so. Parties can also choose to seek relief in Australian courts having lawyers by their side.


4. Adverse possession claims

This is another type of boundary despite involving the claim for adverse possession. A party will be able to claim ownership of a piece of a legitimate property if it has used the property continuously, openly and without the consent of the owner uninterrupted for ten years or more.


If a neighbour uses another neighbour’s property in this fashion for a good time period, it will be able to claim ownership of that property under relevant laws. Regarding boundary disputes between property owners who are neighbours, an important aspect of adverse possession is the need for the neighbour’s use of the property to be hostile.


What Happens If Your Neighbour is Using Your Property Without Consent?

When you are involved in any boundary dispute, or any neighbour using your property without consent, you should do something about it. You can have a survey of your property, or you might require help to locate land records for your property. You can also take the help of a lawyer in your area.


The lawyer can easily review the property records and decide the following:

  • Whether the records properly establish your property rights.
  • Whether there is an omission, inconsistency, or any form of ambiguity has to be resolved.


With the available information in hand, your lawyer can help assess your options of either allowing the user to continue or looking to eject your neighbour from the property. The lawyer will make the decision based on what you want for your property.

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