HBC Explain - Land Boundary Disputes

Land Boundary Disputes

Posted by on Feb 2, 2016 in Conveyancing Advice, Uncategorized | 0 comments

Land Boundaries

 

If you are seeking advice on a boundary Issue there are several factors you will require to appreciate.

Plans and The Registers

1. The legal extent of any property, by this we mean the actual land registered under your ownership can vary from what you are actually using. This can be as simple as the fence being in the wrong location or over the use of land successive owners consider that they own it.

2. The Registers plans can differ. If unregistered the plans can be very vague and in some cases there may not be a plan but a description based on objects or building which have long since gone. If Registered the plan can lack in precise sizes and details. They most probably will not tell you if the wall is on your land or another’s.

3. Property descriptions may in some cases help and they may detail the land features, walls fields etc.

Now for the real issues.

1. Boundary issues are not by their nature criminal and as such the police will most probably not take action. Yet if the problem also breaches any criminal laws this may change the situation.

2. There are Land Courts and Tribunals set up to deal with disputes. Unfortunately they are very very expensive and slow.

3. Normal civil court action may be the best way forward, the use of interdicts to stop any real time events. Yet this will be expensive.

4. Negotiation and Mediation tends to be the first port of call, but not always successful.

In many cases we have found that the dispute arose due to conflicting information and as such seeking legal advice to help both parties understand who is legally right may be a start. Our specialist legal teams are always on hand to help and answer your questions. It may be that you just wish us to prepare a boundary report or help find a solution to avoid expensive court action. If you think we can help please call.