Neighbour boundary disputes can be stressful and complicated, especially when property boundaries are ambiguous or disputed. Getting the best boundary disputes lawyers Perth locals have confidence in can simplify the process, holding your rights as well as ensuring that the case is concluded in accordance with Australian property laws.
Property Settlement Lawyers Perth has years of experience in dealing with such disputes, walking clients through the necessary legal documents and procedures.
Let’s have a closer look at the documents required to resolve a boundary dispute in Western Australia.
Boundary disputes usually occur when neighbours have a disagreement over the legal property boundary. Some common reasons include:
While certain disputes can be settled informally, others need formal documentation and the legal process to establish ownership and rights. This is where property lawyers Perth can assist by drafting and reviewing the correct documents.
There should be proper documentation prior to the resolution of a boundary dispute. Within is the most relevant legal documentation that usually plays a role in Western Australian boundary disputes.
A Certificate of Title is among the most essential documents in a boundary dispute. It is formal evidence of ownership and also includes the lot number, size, and easements. Titles in Western Australia are issued and regulated by Landgate. Getting an updated copy is the starting point for determining where your boundary actually is, legally.
A survey report by a licensed surveyor explains the precise physical limits of the property. The reports employ contemporary surveying methods to contrast real land use to recorded land use in the Certificate of Title. Disputes, in most instances, get settled once an evident survey plan is shown. The document usually serves as powerful evidence during negotiations and court hearings.
If the problem concerns a previous sale or uncertain change in ownership, prior Transfer of Land documents might be necessary. These documents determine whether the property was appropriately transferred and whether the title held currently is accurate as per the intended boundary.
For strata schemes or subdivision properties, registered plans are essential. Such plans define lot boundaries, common property, and shared areas. Discrepancies in such plans may result in disputes, so they are necessary reference documents.
Local authorities tend to maintain records of approvals for buildings, fencing permits, and land use applications. These are admissible in conflict regarding encroachments since they indicate whether or not structures were legally approved and erected within proper boundaries.
In most disagreements, past agreements or written correspondence are involved. For example, if neighbours wrote agreeing to put a fence in a specific location, those documents could be taken into account. These agreements can be compelling when negotiating settlements, although these are informal.
When negotiation fails to solve disputes, court proceedings are inevitable. Affidavits and evidence-backed applications to the Magistrates Court of Western Australia are the legal documents to be used when representing your case. Your lawyer will draft these to avoid errors and fulfil court requirements.
In many cases, conflicts can be settled by open communication or mediation services. A lawyer can prepare settlement agreements to legally record any accord achieved.
Property lawyers collaborate with licensed surveyors to create precise boundary reports and review titles, plans, and transfers.
If agreement is not possible, the case can go to the Magistrates’ Court. In such instances, all the above documents are key pieces of evidence to prove your case.
Boundary disputes are subject to technical property legislation by the Dividing Fences Act 1961 (WA), the Transfer of Land Act 1893 (WA), a nd council by-laws. Without professional expertise, attempting to resolve the case can prove to be a costly mistake. With the expert guidance of seasoned solicitors, you can be sure that every document is correct, compliant, and strategically used to strengthen your case.
The best property settlement lawyers Perth, ensure that all documents, from titles through surveyor’s reports, are thoroughly prepared and checked, so you feel secure throughout.
Resolving a boundary dispute in Western Australia necessitates proper legal documentation, from Certificates of Title and survey reports through to court applications if needed. By engaging the correct experts, you can sidestep unnecessary conflict and settle disputes effectively.
If you are dealing with a dispute with your neighbour, don’t let it fester. Call the top property settlement lawyers Perth today to talk about your options and achieve the correct result for your property.