Defining property boundaries and obligations can sometimes lead to disagreements between homeowners in Ontario. Whether you live in a rural area or in a large and populated urban centre, knowing how to handle a boundary dispute is fundamental to ensuring you have your rights protected. In this blog I am sharing valuable information regarding common causes of disputes and what you should do to find a resolution for your problem.
Most Common Causes of Boundary Disputes
Urban Areas
In regions where properties are closer to one another, misunderstandings regarding property limits can lead quickly escalate. In most cases, disputes involve problems such as where fences should be installed, tree encroachment, or even maintenance obligations of a shared area.
Rural Areas
In rural areas, boundary disputes are often related to larger pieces of land, which sometimes makes it more difficult to find a resolution that pleases both property owners. In most cases, issues involve fencing disagreements, water rights, shared roads and more.
How to Handle a Boundary Dispute
Gather Documents and Information Regarding Property Limits
The first step you should take when dealing with a boundary dispute is gathering documents that contain valid information regarding your property limits. Check your property deeds for details related to description and dimensions. Land surveys can also provide you and your neighbour with a better understanding of your legal boundaries.
Talk to Your Neighbour
When it comes to boundary disputes, communication is key. Talking to your neighbour before taking the case to court can provide you with a faster and less stressful resolution for the problem. In many cases, problems arise because one or both parties are unaware of their property lines or obligations. An open conversation with the right documents in hand can lead to a quick and peaceful outcome.
Look for a Mediator
A third-party mediator can help you and your neighbour come to an agreement before necessarily taking the case to court. This is often less stressful than legal battles and it can be a great alternative for when both parties are willing to cooperate but need help finding a resolution that satisfies everyone involved.
Get Legal Assistance
If communicating with your neighbour doesn’t seem to help, you may need to reach out to a lawyer and take action in court. In such cases, a lawyer will help you navigate the legal system so that you can have your rights protected. This may involve applying for a declaration of boundary line to define the limits of your property or bringing a trespass or nuisance claim so that unrightfully built structures can be removed if necessary. Counting on an experienced lawyer can make this process less stressful and increase the chances of a positive outcome.
Your Choice for Legal Assistance in Niagara Falls
If you are having boundary or property disputes in Niagara Falls and are looking for the help of an experienced and professional lawyer, contact me, J. Leigh Daboll Law Office. My staff and I have a combined experience of nearly 30 years helping the community of Niagara Falls navigate the legal system. Whether you need assistance with boundary disputes, agricultural law or other services, I am here to help. Call us today and let us provide you with the support and peace of mind you are looking for.