Imagine selling a property to a buyer who is ready to pay the full and final asking price. You are starting out your first communication with the lawyer, providing all the legal documents, only to hear that the boundaries of your property are not completely yours.
Hearing such statements can be a stressful experience, especially when lawyers fail to provide any specialised assistance to clear the property disputes. Conveyancing in Sydney exists to provide fair and reliable solutions and overcome issues over boundary rights.
In this blog, we will learn more about the top 10 ways you can handle property boundary disputes and enjoy peace of mind while selling a property.
10 Ways to Handle Property Boundary Disputes
1. Understand the Root Cause
Identify Issues:
Property boundary disputes can stem from various sources. Sometimes, the property lines aren’t clearly mentioned in the property deed. Other times, structures like fences or driveways of your neighbour’s house cross on your land. Misinterpretation of property documents can also confuse. Or, relying on old property surveys can also make it difficult to identify the clear boundary lines.
It is important to first identify the real and most obvious reason behind property disputes to better navigate and resolve disputes.
Role of Conveyancers:
Conveyancers are experts in property law. Conveyancing in Sydney helps you identify the real reason behind the unclear boundary lines by reviewing all the property documents.
2. Communicate with Your Neighbour
Before taking any formal steps, try talking to your neighbour. Open and respectful communication can often resolve disputes without further complications. Discuss your concerns and listen to theirs to come to a mutual decision.
3. Review Property Documents
Check Title Deeds:
Review your title deeds and property descriptions as the first step to identifying the real disputes. These documents should outline the boundaries of your property. Look for any vague language or descriptions that might lead to misunderstandings.
Role of Conveyancers:
Conveyancers from Easy Link Conveyancing can assist in understanding these legal documents. They can provide accurate information about property boundaries and ensure you understand the details. Conveyancers also measure a boundary dimension physically to see if it matches the description of the title deed. This step is crucial in clarifying if the mistake is in the title deed and preventing potential disputes.
4. Conduct a Professional Survey
Hire a Surveyor:
A professional land surveyor can provide a precise measurement of your property boundaries. Hiring a licensed surveyor ensures that you have an accurate and up-to-date survey of your land. This is especially important if you suspect that your current boundaries might be incorrect.
Role of Conveyancers:
Conveyancers from Easy Link Conveyancing recommend reputable and known surveyors. Additionally, they verify the survey results to know if they were recent and free of malicious activity and simplify the technical language used in property surveys. They can explain if there are differences between the real boundaries and actual descriptions in the deed and provide solutions to resolve the conflicts out of boundaries.
5. Mediation Role
Hire a Mediator:
Consider using a third-party professional like a mediator to keep the discussion confidential. A mediator is a specialist who is known for solving family and property disputes. Mediation can be an effective way to resolve disputes without going to court. A neutral mediator can help both parties discuss their issues and find a compromise that works for everyone.
Role of Conveyancers:
Conveyancers can suggest reputable and professional mediators who will then allow both parties to discuss their issues. The best thing about hiring mediators is that they do not make any partial decisions and approach both parties with strong solutions. Additionally, conveyancers ensure that agreements made during mediation are legally sound and enforceable.
6. Review Local Regulations
Understand Laws:
Familiarize yourself with local zoning laws and regulations that might affect your property boundaries. Understanding these laws can help you resolve disputes more effectively.
Role of Conveyancers:
Easy Link Conveyancing has a team of conveyancers who can provide insights into local property laws and regulations and manage boundary disputes. They can help you understand how these laws apply to your specific situation and advise you on the best course of action.
7. Get a Boundary Agreement
Formal Agreement:
Draft a boundary agreement that clearly defines the boundary line. Make sure the agreement follows legal laws and is signed by both parties to escape from future disputes.
Role of Conveyancer:
Conveyancers can draft boundary agreements. They ensure that the agreement follows legal structure and complies with property laws, covering all necessary details.
8. Consider Adverse Possession
Legal Right:
Adverse possession is a legal principle that allows someone to claim rights on your land if they’ve used it for a certain period. This can be a complex process but might be relevant in some disputes.
Role of Conveyancers:
Conveyancers can assess whether adverse possession is a viable option for your situation. They can guide you through the legal process and help you understand the requirements and implications.
9. Prepare for Legal Action
Litigation:
If all else fails, it might be necessary to take the dispute to court. This should be a last resort due to the time, cost, and stress involved.
Role of Conveyancers:
Conveyancers can provide legal advice, prepare documentation, and represent you in court if necessary. Conveyancers have experience in presenting your case effectively and protecting your rights, no matter if the situation turns upside down.
10. Maintain Good Records
Documentation:
Keep detailed records of all communications, surveys, and agreements related to your property. Good documentation can provide evidence and clarity if disputes arise.
Role of Conveyancers:
Conveyancers can help organize and maintain all relevant documents. They ensure that all legal bases are covered and that you have all the necessary records to support your case.
Final Words
Resolving property boundary disputes involves understanding the root cause, reviewing documents, and seeking professional help from conveyancers to clarify boundaries and prevent future conflicts.
Seek professional assistance from Easy Link Conveyancing early in the process to avoid escalation and ensure a fair resolution. Conveyancing in Sydney can provide invaluable assistance throughout the entire process of resolving property boundary disputes. Their expertise ensures that all legal aspects are covered, helping you achieve a clear resolution.
