Daniel W. Uhlfelder P.A. | Attorneys At Law


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2 common types of boundary disputes

On Behalf of | Mar 22, 2024 | Real Estate Law

Many properties have land attached to them, whether that be a small to mid-sized garden or a farm with 300 acres of land. As the owner of the property, that land is yours to use and enjoy. Nobody should unnecessarily interfere with your enjoyment of your own land. 

Unfortunately, boundary disputes can occur. These happen when someone does interfere with your enjoyment of your land. There are several reasons why this can happen, with two of the most common outlined below. 

Disputes over access 

Most properties don’t have the luxury of being totally secluded. Many properties have shared roads, car parks and communal areas. If more that one person has access rights to a road or car park, this should be outlined in the property deeds. An example of this would be if there is only one road up to a series of houses. 

If the deeds are not clear and one owner suspects that another has no legal access rights, this can result in disputes. 

Encroachment disputes 

Encroachment occurs when one property owner builds something on another’s land. This could be a garden fence, or something more substantial like a shed or garage. Any structure that is built should not extend past the legally defined boundary of the property. 

Losing the enjoyment of your land or property due to boundary disputes can be stressful. In many cases, such issues can be resolved through discussions and negotiations, but that isn’t always the case. For more complex situations you may need to explore your legal options and seek as much information as possible.