Property surveying team at work

How Property Surveying Settles Boundary Disputes?

November 21, 2024 Published by

‘Good boundaries make good neighbours’ 

This is a popular saying for a reason. While most people aim to be good neighbours, disagreements over property lines and land boundaries can quickly turn friendly relationships into bitter disputes.

These disagreements can lead to expensive legal fights and hurt relationships if they’re not dealt with soon and properly. Thankfully, professional land surveyors are vital in sorting out these problems. They provide expert advice, exact measurements, and clear records of property boundaries.

Professional land surveyors are key in solving these issues because they provide expert analysis, precise measurements, and clear records of property lines. 

We’ll discuss why boundary disputes happen, situations where it’s good to bring in a professional land surveyor, and how they help by giving the right information to fix these disputes.

Boundary Dispute – Basic Overview

A boundary dispute happens when people disagree about where the exact edge of a property is. Sometimes, people set these edges using spoken agreements or incorrect measurements. These problems can build up over time and lead to a dispute later on. There are several causes for boundary disputes, and there are particular legal ways to handle each kind.

Reasons Behind Property Boundary Line Conflicts

Boundary disputes can arise from several starting problems. Some of the most frequent include:

Inaccurate Surveys

Land surveys can sometimes have mistakes that cause errors in measuring. These inaccuracies often lead to boundary disputes. Errors can happen when setting the initial borders on city maps or during projects like mapping, landscaping or any construction project that needs a land surveyor.

Defective Deeds

Defective deeds are title documents that don’t meet all the legal rules. Sometimes, especially with older deeds, they don’t fully describe the property’s edges, which leads to legal issues that need fixing. 

These deeds are known for not fully covering the property’s boundaries. Problems like these can cause disputes over property lines when the property is sold or passed down through inheritance.

Boundary Changes

Boundaries can shift as time passes. Often, city officials and property survey define parts of a property by referring to landmarks or geographic features. The problem is, that these landmarks and features can change or disappear as years go by. 

When properties are described in legal documents by their relation to these changing features, it can lead to boundary disputes if those landmarks or features change.

Communication Breakdowns

Sometimes, neighbours set their property borders using spoken agreements. These verbal agreements can cause misunderstandings between the parties involved. 

Over time, the details of these agreements might be forgotten or become hard to follow. These issues can lead to disputes over property lines, especially if one of the people who made the oral agreement dies.

The Critical Role of Property Surveying in Resolving Border Issues

A professional property surveying team is trained and licensed people who specialize in accurately figuring out where property lines are and solving disputes about those lines. They use advanced surveying methods, the latest equipment, and knowledge of local rules to provide accurate and trustworthy boundary surveys. Here’s how they help sort out boundary disputes:

Comprehensive Property Surveying

Professional land surveyors carry out thorough boundary surveys to determine the exact spots of property lines using legal documents, old records, and visible signs on the land. 

A survey of property consists of accurate measurements, field inspections, and reviewing past survey information to create detailed maps and reports that show property boundaries clearly.

Re-establishment of Boundary Markers

Once land surveyors figure out where property lines are, they often put or replace boundary markers like stakes, pins, or monuments on the ground.

These markers make it clear where one property ends and another begins. They act as clear signs of property lines, helping to stop future disagreements or overstepping of boundaries.

Testimony 

When boundary disputes end up in court, professional land surveyors may provide expert testimony to support their survey results. Their testimony is based on detailed analysis and professional judgment, following industry standards and best practices. 

This makes their input very important in resolving disputes, as it offers a clear and expert view of where property lines should be.

Mediation and Negotiation

Professional land surveyors often work as mediators or facilitators to help settle boundary disputes calmly between neighbouring property owners. 

They lead discussions, look over the evidence, and offer fair solutions that address the concerns of all parties to help them come to agreements everyone can accept. By encouraging communication and cooperation, land surveyors help avoid costly legal fights and keep good relationships between neighbours.

Legal Advice 

In complex boundary disputes that include legal challenges or questions about property rights, professional land surveyors team up with lawyers to provide technical know-how, interpret survey data, and give expert advice. 

They assist attorneys by preparing important legal documents, affidavits, and exhibits for court cases, making sure that the property survey Vancouver is accurate and well-supported to help their client’s case in court.

Handle Adverse Possession and Prescriptive Easements

Boundary disputes can get complicated with legal ideas like adverse possession and prescriptive easements, which can affect who owns the property. 

Professional land surveyors are trained to spot signs of adverse possession, where someone might become the owner of land by using it continuously without permission. They also look for prescriptive easements, which happen when someone gains the right to use another person’s property over time. 

By studying old usage patterns and doing surveys to figure out where property lines are, land surveyors help check if claims of adverse possession are valid and protect property owners from others using their land without permission.

Identifying and Resolving Encroachments

Encroachments occur when buildings or other improvements spill over property lines onto someone else’s land, which can lead to disputes about boundaries and even legal problems. 

Professional land surveyors are key in finding these issues by carrying out boundary surveys and taking measurements in the field. 

Once they find encroachments, surveyors work with property owners to figure out ways to fix the problem. This might involve moving buildings or agreeing to change the property lines to resolve disputes and avoid going to court.

Meeting Regulatory Standards

Boundary surveys done by professional land surveyors need to follow regulatory requirements set by local governments, state laws, and standards in the surveying profession. 

Surveyors must make sure that these surveys are accurate, detailed, and comply with all relevant rules to protect the rights of property owners and keep surveying practices trustworthy. By staying updated on changes in regulations and sticking to industry standards, surveyors maintain their professional ethics and offer reliable surveying services to their clients.

Don’t forget reading comprehensive guide on Role of Land Topographic Surveys in Real Estate Deals.

Land Surveyors Aren’t Lawyers!

There’s one misconception regarding land surveyors. Keep in mind that their responsibility is to provide the right information and make future legal plans for settlement. They won’t take your side in any scenario like a lawyer does. 

The professional and ethical house surveying processes are completely unbiased and neutral. So they won’t be in your favour over your neighbour. You can only expect precise details regarding boundaries that they analysed during research and site visits.

With their neutral approach, land surveyors can help settle disagreements between neighbours in a fair and friendly way. They are also trained to deal with any problems that might come up while they’re working, making sure the survey is done smoothly and professionally.

Summary

You can avoid disputes over property lines with your neighbours by learning where your property boundaries are, keeping those boundaries in good shape, and having a good relationship with your neighbours.

Topo surveys are detailed studies of property boundaries, often used during disagreements or big projects like commercial developments. To make sure you get accurate and fair information for your project, you should hire a surveying company near me to conduct this type of survey.