Property boundary dispute

Date:

Jul 1, 2024

Practice area:

Real Estate law

Client:

Emily Johnson

Outcome:

Favourable settlement

Summary:

We reached a favorable settlement that clarified property lines and avoided costly litigation.

Client situation
Legal strategy
Challenges faced
Outcome & result

The client discovered that a neighbor’s fence and shed were built partially on their property, leading to a dispute over the rightful boundary line.

Key Challenges:
  • Establishing the exact property boundary.
  • Proving the encroachment and its impact on the client’s property.
  • Navigating neighborly relations while asserting property rights.
  • Addressing potential adverse possession claims by the neighbor.
  • Ensuring compliance with local zoning and property laws.

The legal team developed a precise strategy to legally establish the property boundary and enforce the removal of the encroaching structures.

Actions taken:
  • Commissioned a professional land survey to accurately determine the boundary line.
  • Collected historical property documents and maps to support the client’s claim.
  • Filed a lawsuit for trespass and encroachment against the neighbor.
  • Engaged in mediation to seek an amicable resolution before pursuing court action.

Several legal and practical obstacles had to be managed to ensure a favorable outcome for the client.

Obstacles:
  • Resistance from the neighbor, leading to contentious interactions.
  • Difficulty in interpreting old and potentially ambiguous property records.
  • Legal arguments from the neighbor claiming adverse possession.
  • The need for accurate and convincing survey results.
  • Potential delays and costs associated with litigation.

The legal team’s efforts led to a court ruling in favor of the client, ensuring the removal of the encroaching structures and the establishment of a clear boundary.

Settlement details:
  • Court order for the removal of the neighbor’s fence and shed from the client’s property.
  • Legal clarification and documentation of the accurate property boundary.
  • Compensation for any damages caused by the encroachment.
  • Implementation of measures to prevent future boundary disputes.
  • Maintenance of a neighborly relationship through mediated discussions post-resolution.

Emily Johnson

shared her experience

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