Important Information About Land Boundary in Real Estate You Need to Know
It is impossible to talk about property ownership without the mention of land boundary in real estate. In this article, we intend to cover various aspects of property boundaries with the hope of educating everyone on boundaries.
As you read on, in case you have any questions regarding boundaries, feel free to ask in our comment section and our team of experts will respond.
This piece will cover;
- The meaning of land boundary
- Importance of land boundaries
- Marking land boundaries?
- Land boundary disputes
- Best way to solve land boundary disputes
What is a land boundary ?
A land boundary in real estate is also known as a boundary line or property line. It is the mark that limits ownership of land
What is the importance of a land boundary in real estate?
Land boundaries in real estate are very important in numerous ways such as;
- Helping control the resources in the land and their use
- Defines ownership of the land and no one can trespass
- Boundaries also help determine the right of the way especially when you are sharing a boundary with a neighbor
Tips on how to mark a land boundary in real estate
Marking land boundaries is important and helpful in helping avoid conflicts. We will share some useful ideas on how to mark your property boundaries
i. Using above the ground pegs
This is where you use markings that are above the ground such as the use of metals, wood, tires, PVC pipes and another marking that is visible on top of the ground
ii. Underground marks
This is where you dig the ground up to 4 or 5 meters and put underground pegs, metal detectors etc.
iii. Having a pathway around the property
This is an effective way to clearly mark the property from a distance. A pathway snaking around your land is an effective way to avoid conflicts
iv. Planting shrubs and trees
While this can also act as a fence strategy, shrubs and trees are a good way to mark your property permanently
v. Stonewall
A stone wall around your property is another great way to mark your property. Though it is pricier it also provides security and privacy
Whenever land boundaries exist, disputes are inevitable and in one way or another, you will find neighbors arguing over such.
We will provide in-depth detail on boundary disputes for you to always be well informed.
Land Boundary disputes
A boundary dispute is simply defined as a disagreement between owners of a property next to each other. The disagreements arise from various issues but some of them are common and recur from time to time
Types of land boundary disputes
Boundary disputes take various forms making them fall under diverse categories depending on the kind of disagreement that has come up
1. Regional
This majorly affects countries, states, and continents where they argue about an area each claims to own.
In some cases, the disputes are influenced by power and politics are each area seeks to get more control
2. Positional
This dispute is a result of the understanding owners of the property get about their boundaries and how they have been marked.
The parties end up seeking more interpretations to resolve the issue. In most cases, the disagreement arises when there is population growth or when a party feels they were not adequately represented when the boundary was drawn.
3. Functional
This dispute arises mostly as a result of a policy that affects a border of a country or continent
4. Resource
This dispute comes because of the utilization of resources found within a boundary. The issue can be because of resources such as oil, gas, materials, etc. that are of great value.
5. Lot line
A lot line is a mark separating one lot of land or one plot of land from another. This is most common in real estate sales where parties disagree on where the lot line should be drawn.
6. Fencing
This arises when one party’s fence crosses the boundary mark of another landowner. Landscaping can also touch someone’s land boundary which can bring a conflict.
7. Access
This comes as a result of the need to gain entry to a facility such as a school, main road, business, etc. One can easily settle access disputes by agreeing on the best way to have both parties access the necessary amenities
8. Adverse possession
Adverse possession of land happens when someone stays in a property without eviction by the genuine owner. Legally they gain official access and a title deed. However, having a title deed becomes a challenge and this can easily result in a land boundary dispute known as an adverse possession dispute
Best way to solve land boundary disputes
There are various ways in which you can settle conflicts around land boundaries. If one method does not work you can always use another one
Identify the land boundary dispute
The first step to resolving a concern is pointing it out. Check your land boundaries and identify where the dispute could be. You can also have a surveyor come to the land and identify the boundary.
Talk to your neighbor
The next step is talking to your neighbor concerning the issue at hand. The conversation should be neutral and try to resolve the concerns.
Engage a lawyer
If you are not able to agree with your neighbor, you can seek the help of a lawyer. Lawyers come in handy in helping resolve any concerns you have.
Seek mediation
Mediation is one of the best ways to resolve concerns around land boundaries before filing a land case in a court of law. A lawyer can serve as the mediator to help to resolve
File a court case
If mediation and negotiations do not work, the other option is filing a case in court and let the courts determine the right boundaries
Bottom Line
If you suspect your land has a boundary issue, the best option is to talk to your neighbor and a lawyer and resolve it. They may go to the extent of getting a land boundary survey or seeking the help of Land Registry boundary determination. But at the end of it your land boundary will be kept and safe.