Annoying neighbors: What are the legal boundaries of my property?

Few things can create instant animosity between neighbors than property boundary disputes. It is telling that the term “land war” was used to describe the civil unrest related to the possession of existing property in Ireland in the late 19th century.

Then there was the story of the guy who built his house in the middle of a property line. Almost everyone thought that the site of the house was completely within the limits of the property owner. Records at the city office and the registered deed showed that the construction site was well within the property lines. The house puts legal setbacks according to the information available. The city issued the necessary permits, banks approved loans, and major construction began. However, one of the neighbors had a few things to say about that place because his recorded deed showed a different adjoining property line. The disputing parties hired surveyors. The surveyor’s reports did little to clarify the location of the disputed boundary. Tempers flared. Ultimately, the dispute proceeded to legal action.

Most of the time the mistake is not as costly as having a house built in the middle of the legal limit. In most cases, it’s a new fence, tool shed, or garden feature that brings the discussion to the fore. How can a landowner protect themselves when the documentation relied upon to determine property boundaries conflicts with the deed description of an adjoining property?

Scribner’s errors
Property owners should not rely on property line descriptions found at the town hall office, including copies of registered deeds. To protect themselves, homeowners should start by looking at the registered history of their property and adjoining lots. It could be a clerical error that went unnoticed in a historical deed and was incorporated into future deeds. While tedious, comparing historical records kept with the local government registration authority to current title deeds will identify these errors.

Measurements and limits
Along with checking for any clerical errors in the deed, it’s a wise precaution to obtain an up-to-date property line survey. Surveyors and engineers will be able to find legal property boundaries and placeholders. One survey may differ from another. Depending on the records used as the basis of the survey, the mobile nature of some cairns, and even long-term use of the disputed property, problems with abutments may still occur.

lining it up
The most important step is to talk to the neighbors adjoining the property before investing money in building or improving the property. If approached by neighbors before tempers flare, property boundary disputes can be resolved without starting a land war.