Boundary Disputes with Neighbours. Ownership claim. Land Demarcation. Property Rights.

In real estate law, boundary disputes with neighbours are more common than you might think. It’s not unusual for property boundaries to be unclear or for confusion to arise regarding the demarcation of land, which can lead to conflicts between neighbours. These disputes often occur when a property owner feels that their neighbour has encroached on their land. Whether by physically occupying an area that belongs to him or disputing his ownership rights over a portion of the land.

Ownership claim: Recover What’s Rightfully Yours.

An ownership claim is one of the most effective legal tools for reclaiming land that has been wrongfully occupied by someone else. This action allows the rightful owner to legally demand the return of his land from the person occupying it without legitimate title. For the ownership claim to succeed, it is crucial to clearly identify the specific portion of land in dispute. If the boundaries or location of the land in question cannot be precisely established, the ownership claim cannot move forward.

This legal tool is used when the owner is not in possession of the land but remains the legitimate owner. Its goal is straightforward: to recover possession of the property. In many cases, an ownership claim is preceded by a boundary demarcation process, as a clear definition of the property lines is necessary to claim successfully.

Boundary Demarcation and Land Demarcation Actions.

On the other hand, a boundary demarcation action is used to define and establish the boundaries between two adjacent properties in conflict. Here, the property owner initiating the action seeks a court’s determination of the exact dividing line between the two parcels. This type of action is often necessary when the separation between the properties is unclear—a situation commonly seen in rural plots or cases where formal property divisions were never documented.

Boundary demarcation involves identifying the exact property lines, while land demarcation entails physically marking those boundaries, often with stakes or other visible markers. These physical markers provide both legal and visual reference points. This action is crucial when boundaries are ambiguous or have been altered, whether due to construction, agricultural use, or the absence of a formal agreement between property owners.

Additional Legal Tools for Defending Property

There are other legal actions available to address boundary disputes with neighbors and defend property rights:

.- Declaratory Ownership Action: This action allows the property owner to obtain a court’s acknowledgment of their ownership rights over disputed land.

.- Negatory Action: This protects property owners against unauthorized interference from neighbors, such as trespassing or the installation of structures on their property.

.- Dominion Claim: This enables property owners to reclaim an asset that has been wrongfully seized or included in a legal enforcement process.

Each of these actions has specific requirements and procedures, which must be evaluated on a case-by-case basis. At White-Baos Lawyers, we specialize in real estate litigation. If you are dealing with boundary disputes with neighbours and need expert legal advice, don’t hesitate to contact us.