Settling a Land Dispute with the Help of a Land Surveyor

For one reason or another, two landowners may have a dispute about boundary lines, and this is not a mere conflict. Land disputes usually arise when two people to claim the same property. Incorrect legal information may have been drafted by unqualified individuals, for instance.

In most cases, homeowners don't think about their property boundaries. They would only do this when they are buying or selling land or during land development. The services of a land surveyor may also be required in some situations by banks or other financial institutions. While many landowners think their land extends to a certain tree line or fence, a survey can prove otherwise.

Normally, a dispute arises when one person tries to make a change. For instance, a new owner might want to install a fence, add some new structure on their property or construct a driveway. Such changes may encroach on another person's property. In such a case, a land survey becomes crucial.

A simple answer

At times, you can consult relevant documents and other land surveys, which can help solve land disputes easily. However, if changes have been done on a piece of land or if the documents are outdated, you may need to consider a new survey. This where land surveyors come in. A skilled and experienced surveyor must carry out a survey to determine land boundaries and settle disputes.

Understanding the possession law

A land surveyor can also help to solve issues regarding possession law. In Australia, adverse possession is a property law which gives a person ownership of land which they have been possessing for a while, even if they don't own the land legally. However, you must qualify for certain legal requirements to claim adverse possession. To claim adverse possession in Australia, you need to have possessed a piece of land for 12 years or more. You should also show that you have the intention to own the property and that you are currently using it.

In addition, the services of a land surveyor can be helpful in such circumstances. Furthermore, the surveyor is allowed by law to determine the boundaries of a piece of land using the initial survey data, but it must be available. The land survey must also compare the new findings and consider different things that will help to solve the conflict. According to law, encroachments include driveway, fences and other features.

Contact a land surveyor to learn more.


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