Residential property boundary dispute
Practice area:
Real Estate Law
Client:
Elex Johnson
Outcome:
Favourable settlement
The client discovered that a neighbor’s fence and shed were built partially on their property, leading to a dispute over the rightful boundary line.
Key challenges:
Establishing the exact property boundary.
Proving the encroachment and its impact on the client’s property.
Navigating neighborly relations while asserting property rights.
Addressing potential adverse possession claims by the neighbor.
Ensuring compliance with local zoning and property laws.
The legal team developed a precise strategy to legally establish the property boundary and enforce the removal of the encroaching structures.
Actions taken:
Commissioned a professional land survey to accurately determine the boundary line.
Collected historical property documents and maps to support the client’s claim.
Filed a lawsuit for trespass and encroachment against the neighbor.
Engaged in mediation to seek an amicable resolution before pursuing court action.
Several legal and practical obstacles had to be managed to ensure a favorable outcome for the client.
Obstacles:
Resistance from the neighbor, leading to contentious interactions.
Difficulty in interpreting old and potentially ambiguous property records.
Legal arguments from the neighbor claiming adverse possession.
The need for accurate and convincing survey results.
Potential delays and costs associated with litigation.
The legal team’s efforts led to a court ruling in favor of the client, ensuring the removal of the encroaching structures and the establishment of a clear boundary.
Settlement details:
Court order for the removal of the neighbor’s fence and shed from the client’s property.
Legal clarification and documentation of the accurate property boundary.
Compensation for any damages caused by the encroachment.
Implementation of measures to prevent future boundary disputes.
Maintenance of a neighborly relationship through mediated discussions post-resolution.
A long-standing issue was resolved with clarity and professionalism. The process remained smooth, with a clear focus on reaching a fair resolution.
Elex Johnson
Architect
