Boundary Disputes: What to Know and When to Hire a Surveyor

Simon Levy Associates • 4 May 2022

One of the most common issues for landowners is having a boundary dispute with a neighbour. There are a number of reasons why a dispute like this might come up. Inaccurate deed descriptions, misinterpretation of the surveys and following oral accounts of boundaries passed down through generations can all be the cause of these types of disputes.

If you find yourself in the midst of a land dispute, here’s what you need to know and when you should hire a professional to sort it out.

Get the Facts

The first thing you should do is try and sit down with your neighbour. It’s a good opportunity to look at where the information is coming from. Why do you think the boundary is where you think it is and what documentation do you have to back that up? Ask the same thing of your neighbour.

Take the time to objectively go through any documentation you each have and see if there is a simple misunderstanding. If a boundary dispute can be solved through a conversation, that is always the best way to go. Hopefully, you’ll be able to resolve the dispute, otherwise, it’s time to bring in the professionals.

Hire a Surveyor

A surveyor will be able to find and clearly mark the legal boundaries of a property. If talking to your neighbour isn’t enough to solve the dispute, hiring a surveyor to find the property lines and lay them out for the both of you should help.

The surveyor can able to step back and do it completely objectively because they are following the actual borders, rather than the perceived boundaries. Have them mark it out and then walk you and your neighbour through it so that there is no confusion. This should clear up the situation, but if you have a neighbour who is particularly stubborn and still will not acknowledge the proper borders, you may have to bring in legal help.

Hire a Solicitor

If drawing out the boundaries with a proper survey doesn’t resolve the dispute, it may be time to hire a solicitor who can legally advise you. It is important to not skip the surveyor as this is the first thing legal counsel will inquire about. They may also require a second land survey to ensure that the first one is correct before they can proceed with the case.

Boundary disputes are a draining experience, but hiring the right professionals can help you sort it out without too much of a headache. Bringing in a surveyor quickly before things get heated is the best way to resolve an issue with a neighbour. Often if you let anger build on both sides, it becomes more difficult to resolve something that could have been quite simple.