Between 2007 and 2011 number of disputes increased by 37%
Wednesday 3rd July 2013. The Society of Chartered Surveyors Ireland has published a new guide to boundary disputes.
The guide is aimed at informing anyone involved in a dispute with their neighbours about the correct course of action to take.
The Society says that between 2007 and 2011 there was an increase of approximately 37% in the number of cases that went to court or mediation relating to boundary disputes.
Niamh O’Reilly who is Chair of the Geomatics Professional Group of the SCSI urged anyone involved in a dispute to consult the new guide.
“By their nature, boundary disputes can become very emotive and can escalate quite quickly. It is unfortunate to see situations where people who have been good neighbours and indeed friends, fall out over a boundary issue. We would always advise people to remain calm and to avoid taking unilateral action” O’Reilly said.
Boundary disputes can arise from situations whereby householders wish to extend, develop or improve their property and their neighbour feels that this impinges on their rights.
The development may involve the construction of new boundary walls, or extensions which involve the rebuilding of new boundary walls to support new structures.
Disputes can also arise over issues relating to shared access ways, compulsory purchase orders, rights to light, drainage rights, overhanging trees, air rights, sub strata rights and squatters rights to name but a few.
O’Reilly says that mediation is also becoming an increasingly popular alternative to the courts in terms of resolving boundary disputes between neighbours.
“While not all cases can be resolved through mediation, it can facilitate a more low key and less confrontational approach and we would recommend it as a viable and less costly option to anyone involved in a boundary dispute” O’Reilly concluded.