What are Boundary Disputes? Know the types & Resolution Strategies!

April 21, 2023    propertysettlementlawyersperthwa
What are Boundary Disputes? Know the types & Resolution Strategies!

A border dispute is one of the most annoying and perplexing issues that property owners can run into. When there is uncertainty or disagreement regarding where one property stops and the other begins, such a dispute may arise. Unfortunately, border disputes between neighbours, businesses, or even total strangers can happen more frequently than you imagine.

Understanding the various conflict types and how to handle them is crucial if you are involved in a boundary dispute. Using this information, choose the best line of action and start developing a solution. The various kinds of border disputes and the most effective resolution strategies will be covered in this blog.

Conflicts Along the Line of Fence

Fence line conflicts are among the most typical types of boundary disputes. This conflict frequently results when neighbours argue about where to build a fence. On many occasions, one neighbour believes the fence is on their property while the other believes it is on their own.

To determine the exact property limits in this case, getting a copy of the survey map of your land is the best line of action. Negotiate with your neighbour to move the fence to the proper location if it is already on their land.

Arguments About Landscaping and Trees

A disagreement about trees or landscaping is another typical border dispute type. When a tree or landscape element crosses the property border and injures the neighbouring property, a disagreement of this nature arises. In such a case, the aggrieved party may ask that the problematic tree or other landscape element be cut down or removed.

It is crucial to remember that a tree’s roots may occasionally spread across the property border, harming the nearby property. To establish the best course of action in such circumstances, it is imperative to hire a qualified arborist.

Unfavourable Possession

When someone uses and occupies a piece of property that belongs to another person long enough to acquire legal ownership, this is known as adverse possession. Adverse possession typically calls for the occupant to openly and notoriously use the property without the owner’s knowledge or consent.

It’s essential to retain the services of a boundary dispute lawyer if you think someone is attempting to use adverse possession to assert ownership of your land. You can negotiate intricate legal concerns with the assistance of experienced adverse possession lawyers and work toward a settlement.

Issues With Easements

A legal privilege known as an easement enables someone to use a section of another person’s land for a particular purpose. Utility lines, shared driveways, and driveway access are typical easements. However, easement disagreements might occur when there is uncertainty about their scope or the land owner wants to revoke them.

If involved in an easement issue, you must deal with a boundary conflict lawyer. An experienced lawyer can help you better understand your obligations and rights in connection to the easement and can aid you in negotiating an agreement that benefits both parties.


Encroachment occurs when someone builds something, like a structure or fence, that crosses their property’s border into another person’s land. In such a case, the offended party may ask the property owner to remove the encroaching structure or pay for the neighbouring land.

Work with a boundary dispute lawyer if you’re involved in an encroachment dispute. Competent lawyers can assist you in understanding your legal options and attempt to reach a just and reasonable conclusion for all parties concerned.

Boundary Dispute Resolution Strategies

Depending on the situation and the people concerned, there are various ways to settle border disputes. Some of the most popular techniques are listed below:

  • The Negotiation Process

The initial course of action taken to settle boundary disputes is frequently negotiation. The two sides must resolve the conflict by discussing it and developing a workable solution. Negotiation can be especially beneficial when resolving minor problems like disagreements over fence lines.

  • The Art of Mediation

In mediation, a third party who is impartial to both parties collaborates with them to resolve their differences. Mediation can be beneficial when emotional or personal concerns are involved in a disagreement.

  • The Act of Arbitration

In arbitration, a third party who is impartial to both parties decides how to resolve the dispute. This decision is typically binding on both parties and enforceable in court.

  • The Litigation Proceeding

The most formal method of settling border disputes is through litigation. This calls for bringing the matter before a judge, who decides how to resolve the problem. Due to how costly, drawn-out, and stressful litigation can be, it should only be utilized as a last resort.

  • Property Settlement Lawyers in Perth

Working with a qualified boundary conflict lawyer is crucial if you are in Perth and are involved in a boundary dispute. You can get the information, direction, and assistance from experienced lawyers to come out on top.

Property settlement lawyers Perth know the difficulties and complications of border disputes. Their skilled legal team has a track record of accomplishment and is dedicated to giving their customers excellent service and outcomes.

They can assist you with any boundary dispute involving fence lines, adverse possession, easement problems, encroachment, etc. They approach their job from a client-focused perspective and will work with you to comprehend your particular demands and objectives.

End note

Although boundary disputes can be complex and annoying, they don’t have to be overpowering. You can reach an agreeable conclusion to all parties by being aware of the various boundary conflict types and working with knowledgeable boundary dispute lawyers.

It is essential to approach a boundary dispute with an open mind and the readiness to negotiate. Qualified legal advisors can aid in this process by facilitating conversation and compromise, frequently effective ways to settle disagreements.

Eventually, property owners may become frustrated and perplexed by border conflicts, a common issue. However, you can reach a just and reasonable settlement for all parties concerned with the aid of a knowledgeable and competent border dispute lawyer. Contact boundary dispute lawyers in Perth for knowledgeable advice and support if you are dealing with a border dispute.

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