Settling Land Dispute With The Help Of A Land Surveyor

Posted on Posted in Real Estate

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 legal descriptions propel two people to claim the same property. Fake legal information may have been drafted and unqualified individuals with not surveying experience or skills.

In most cases, homeowners dont think about their property boundaries. They would only do this when they are buying or selling land or during land development. As well, the services of a land surveyor may be required in some situations by banks or other financial institutions. While many landowners think their land extends to a specific tree line or fence, a survey can prove otherwise.

Typically, a dispute arises when one person tries to make a change. For instance, a new owner wants to install a fence, add some new structure on their property, or construct a driveway. Such changes may encroach on another persons 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 lad 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 However, if changes have been done on a piece of land or if the documents are outdated, you may need to consider a new survey.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 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 person ownership of land which they have possessed for a while, even if they dont own the land legally. However, you must qualify for some specific legal requirements to claim possession. To claim adverse possession in Australia, you need to have possessed a piece of land for 12 years or more. It would help if you also showed that you have the intention to own the property and you are currently using it.

Also, a land surveyor can help in such circumstances, more so with survey or consultation. Furthermore, the surveyor is under the law allowed to determine the boundaries of a piece of land using the initial survey data, but if it is available though. The survey must also compare the new findings and consider different things that will help to solve the conflict. According to law, encroachments include driveway, fence, and other features.

Key takeaways

* Property conflicts are expected to occur when there is change of home ownership
* Disputes can also occur when homeowners are looking for permit to upgrade their home
* Hiring a land surveyor is legally accepted and a legitimate way to true property lines.

Conclusion

As a real estate enthusiast, having a land surveyor is crucial. As discussed above land surveyors play many roles in ensuring land and property owners possess assets legitimately, especially in a situation where people conflict about a given piece of property. Notably, when looking for a land surveyor, make sure that you do a bit of research to know more about them. The real estate industry is also full of counterfeits. Therefore, it would be if you worked with credible people or company.

Checking with a good real estate agent will help you in this process.