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10 MAY 2010 PROPERTY BOUNDARY CONCERNS

10 MAY 2010 PROPERTY BOUNDARY CONCERNS

Q.What can a homeowner do if they believe there is a problem with a boundary line or there is an encroachment over their land?

A. If a person believes that a boundary line is incorrect, then they may at their own cost, conduct a survey to establish the correct boundary line. If they want a neighbour to contribute to the cost of the survey, they should give notice of intention to survey. If the survey confirms their view of the boundary, then the neighbour must contribute one half of the cost of the survey.

If part of a neighbour’s house, shed, pool or other construction, goes over the boundary line (including hanging over without actually touching the land) it is called an encroachment and legal action may be taken to:

  • Have the encroachment removed
  • Be compensated for the encroachment
  • Have the boundaries redrawn with appropriate transfer of land and/or compensation
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