The Politics of Neighbours and the Law on Boundary Disputes

Being neighbours with someone is largely trouble free and most people are able to live side-by-side with little to no difficulty. Unfortunately, however there are times when this harmony can be disturbed and often for a fairly predictable reason: disputes over boundaries. Boundary disputes are incredibly common but can cause a great deal of heartache, especially given the difficulty in trying to reconcile differing views on where one area of land ends and another begins, or how it is to be used.

Szabo & Associates, Solicitors are specialist lawyers who often advise on boundary disputes. Our expert property team are regularly sought out to provide guidance on how to bring boundary disputes to an end quickly and effectively. If you need legal assistance in resolving a boundary disputes, then our team will be able to help.

Is there a rush to address boundary disputes?

Generally, it is advisable for legal advice to be taken in the event of a property dispute as soon as possible. Property law operates a particular rule whereby if an individual occupies a particular area of land for a certain amount of time without being challenged, then they may have become legally entitled to occupy it under the rules of “adverse possession”. 

Admittedly there are always exceptions in law, but these cannot always be guaranteed to apply. There will need to be a detailed review of the situation and careful consideration of the applicable rules to determine whether or not land that you claim to be yours has been affected by the passage of time.

What do we mean by ‘boundary disputes’?

The term ‘boundary disputes’ can be a little misleading but essentially relates to arguments, amongst other things, over where one area of land begins and another ends. This includes issues pertaining to: the placement of fences; overhanging trees and pipe access to name a few. While they may sound simplistic, disputes of this kind can cause a great deal of upset to neighbours, and should be dealt with quickly to minimise the risk of long term damage to a neighbourly relationship.

Fencing disputes

Fences tend to be the cause of the majority of boundary disputes between neighbours, particularly in terms who is responsible for constructing and maintaining a fence between two properties. In ordinary circumstances this is something that would normally be set down in documents that relate to the title of the respective properties. On the other hand, the responsibility may be created by other legal obligations which could demand that the costs associated with a fence are shared between owners. This is something that will need to be investigated in the event of a dispute over fences.

Arguments over Rights of Way and Trespassing

Another common cause of disputes between neighbours concerns rights of way and trespassing. Generally most people will not take too kindly to others (even good neighbours) walking across their land without good reason. The difficulty is that there may be an underlying legal privilege which allows land to be traversed e.g. a local authority may be entitled to pass over your land to fulfil its responsibilities in checking drainage systems or reviewing the state of electricity in your area. What you may believe to be illegal trespassing may actually be a perfectly legal use of land. The answer to this question will either be in title documents to your property, or a right to pass over your land may have been created owing to a passage of time. This is another reason why it is vital to address suspected trespassing as soon as possible, in order to prevent unintended legal rights from coming into being.

Trees and building extensions

Property disputes are seldom known to be trivial matters. This is in large part owing to the fact that people have paid significant sums of money in order to live in a property and are entitled to expect that their rights to make use of it will not be interfered with. However there can be difficulties when the natural environment needs to be considered. Trees are a common cause of arguments among neighbours and as such have their own specific legislation – the Trees (Disputes Between Neighbours) Act 2006 (NSW). The reality is that it can be incredibly frustrating for all concerned: someone who believes that their land is being encroached upon, either by tree root activity or indeed by a neighbour’s development of their own property, and others who are believe their conduct to be entirely legal. It will be necessary to consider the facts of the situation and conduct a detailed investigation into the respective properties by reviewing historic deeds and surveys. In some cases however it may be necessary to instruct more up-to-date reports to determine how best to resolve the situation.

Underground pipe work

Pipe work is fundamental to our properties infrastructure – it provides water and facilitates the removal of waste from our homes. Problems can arise however when the pipework for one property is to be found underneath a neighbouring property: one party needs access with a view to ensuring that it is properly serviced while another may be surprised to find that their land needs to be invaded to accommodate someone else’s needs. The only way to resolve such a dispute is to review the specific facts in question, and also consider whether or not there has been any pre-existing behaviour that will influence whether or not such access is permitted by law via new rights being created.

Contact Szabo & Associates, Solicitors

Property law in and of itself is complex, and can be very difficult to understand where boundary disputes are concerned. They need to be entrusted to a specialist property lawyer that knows how to quickly establish where you stand in the dispute, and how to protect your position. This includes knowing when to instruct specialist reports, and when to approach the courts to ensure that your property rights are respected.

Szabo & Associates, Solicitors have developed expertise in this niche area of the law, advising on and representing clients in boundary disputes. Our experience in this particular area of property law affords us unique insight into the position our clients find themselves in, and drive our approach in arriving at a solution to their problem as quickly as possible. If you would like to speak to one of our team about resolving a boundary dispute, contact us today.