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How do boundary disputes arise? 

On Behalf of | Jul 5, 2022 | Real Estate Disputes |

You’ve been living happily on your property for some time now.  Your neighbors are cordial, and you’ve even managed to make some friends in the area.  Hopefully, this continues to be the case for years to come.

Unfortunately, there are some issues that can make it difficult to get along with neighbors.  Boundary disputes are one of the most common causes of disagreements in real estate.  How do these situations arise and what can be done about them? 

Shared walls in disrepair 

Both you and your neighbor enjoy your own garden space.  These areas are separated by a wall or fence, which has fallen into a state of disrepair.  It’s clear that this needs to be fixed as it poses a potential safety hazard. 

However, you and your neighbor can’t agree on who should foot the bill.  They claim that it’s solely your responsibility and you must pay for it out of your own pocket.  You suspect that they are obliged to assist with the repair at the very least.  When no compromise can be reached, this is something that you may have to settle through the courts. 

Encroachment on your property 

Another common form of boundary dispute involves encroachment over the boundary of your property.  For instance, if your neighbor has a mature tree in their garden but it has started to overhang into your garden, blocking your views and preventing your enjoyment at home, this could provide grounds for a legal dispute. 

Another common example is when a neighbor extends their home, thus preventing you from accessing your own house.  If the extension encroaches onto a shared path or driveway, then you may have a legitimate legal claim. 

You have a legal right to enjoy your property without undue interference.  Settling boundary disputes can be tricky, so it may benefit you to seek out some legal guidance on the matter should such an issue occur.    

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