Resolving Rural Disputes: Encroachment And Remedies

Encroachment problems on land can be very difficult. Straying onto someone else's property can give rise to all sorts of problems, not least the possibility of a neighbour dispute.

Understanding property rights and the challenges in determining boundaries

People are often very protective of their property and their rights, and no more so than when that property is heritable. More often than not encroachment occurs due to uncertainty as to where a title boundary lies on the ground.

When dealing with maps that have a large degree of tolerance, plotting the legal boundary with accuracy on the ground can be difficult. Historic title maps may rely on features that no longer exist, the topography of the land can change, and rivers move.