Boundary Dispute Lawsuits
I wouldn’t advise any one to become involved in a boundary dispute. People become very emotional than rational, and even more so if the boundary dispute is in your own backyard. It is real tough to look out your window and be constantly reminded of the dispute, especially if it is costing you a lot of money.
I recommend following a diplomatic approach first. Even if you are on the receiving end of a boundary complaint by your disgruntled neighbour, first try to work things out in a friendly manner; and if your neighbour still won’t budge, go see a lawyer.
A Boundary Dispute – Seeking the Law’s expertise
If you have tried the diplomatic approach, but are getting nowhere with your neighbour, then only seek a lawyer’s expert opinion on boundary disputes. Consulting a lawyer does not mean suing your neighbour, in fact, your lawyer will probably try and talk you out of it, because he knows the difficulty for clients concerning these matters.
Instead, your lawyer will help you compile a strategy for your boundary dispute through means of a demand letter; which in most cases solves the problem.
Watch out for these Neighbourly don’t do’s
If the dispute still fails to be resolved after you’ve handed your neighbour the demand letter, the best way to prevail is to shoot a couple of crippling blow’s to your neighbour’s case:
- An improvement made by your neighbour clearly crossing your property line;
- Your neighbour failing to secure the necessary building permit when making improvements;
- An improvement made without your neighbour obtaining the required approval from the appropriate parties like the Homeowners Association;
- Your neighbour bringing about improvements that clearly violates the Province laws, local ordinances like zoning restrictions etc;
- A restriction or improvement contrary to a restrictive covenant; and
- An action that is contrary to established usage.
Be prepared for your neighbour’s defences:
You might encounter the following defences from your neighbour:
- Your facts are entirely wrong or you don’t know what you are talking about;
- Your neighbour acquired the property by adverse possession. The time usually required for an adverse possession varies from Province to Province, but it can be as short as five years;
- Your neighbour acquired a prescriptive easement to cross your property if it is in line with historical uses;
- Your neighbour Provinces that your hands are also dirty and just as much a guilty party;
- You have waited too long to raise the issue so now the statute of limitations has run; and
- You were in agreement of the issue.
When you enter into discussion with your lawyer make sure you are prepared to discuss these issues straightforwardly. If you have copies at hand of the referenced documents, you will have a raised leg to stand on during the discussions.