Tell us your stories of border conflicts on Facebook and Twitter. I hope that you have good relations with your neighbor and that you largely agree on the boundaries of your respective real estate. In this situation, the cadastre recommends that you enter into a formal agreement. The agreement may define the individual or joint responsibility of a specific border marker. You repaint your side of the fence, your neighbor paints her side of the fence and you share the maintenance costs. You should also decide what to do if one party wants an upgrade and the other does not. It is not uncommon for fences to be located outside a demarcation line, especially in older subdivisions. In fact, it can be argued that it is better for an owner to place a new fence a little within the boundaries of his land, so that the neighbor does not have the right to dictate its location and maintenance. However, human nature requires that if you give your neighbor an inch, he sometimes needs a mile and claims ownership of the strip of land between the fence and the border. Although their claim is generally unenforceable, it can nevertheless lead to future problems and the loss of future contracts. Our expertise lies not only in eloquent advice on the legal basis of your border, but also in the settlement of the dispute with your neighbour. We understand the often competing desire to protect your home from aggression and the need to solve problems at a lower cost.
You and your neighbor can establish a „boundary agreement” for registration: two or more owners can enter into an agreement setting the boundary between their land and/or agree on who is responsible for maintaining a fence or hedge. As regards border agreements, there is a rebuttable presumption that the border agreement does not involve a transfer of land and that the agreed position is in line with the true position of the legal border. If the relationship between you and your neighbour is good, but the matter cannot be resolved, the parties may jointly appoint a surveyor from Berry Lodge to advise where the boundary is located. You can then follow this by entering into a border agreement that can be sent to the land registry. The fence can then be positioned to act as a clear boundary and demarcation line. Seek legal advice when considering entering into a border agreement. The problem you have is actually very common, especially when old fences are replaced and when new fences are installed unrelated to a measure. When a fence is installed inside a land boundary, the placement of the fence makes the enclosed land smaller and allows neighbors to use the land between the land boundary and the fence. For example, by installing a 3-foot fence inside your property, your neighbors may believe that the 3 feet of land outside the fence actually belong to them and can plant hedges or widen their driveway accordingly. Especially in the case of an entrance that encroaches on your property, the continued use of that entrance by your neighbor can create an easement or become an unfavorable property right. In this case, your use of your property will be negatively affected and may give rise to disputes. In any case, when you sell your property, you need to address the problems caused by the fence laid.
You can generally avoid having to establish a border agreement by having an informal conversation with your neighbor.