Land disputes can become very stressful, but with patience and a collaborative approach, many conflicts can be resolved cordially.
Around 1.1 billion adults or 23% of the adult population surveyed in 108 countries reported feeling insecure about their rights to property or land. The 2024 Prindex Report highlighted the sharp rise in insecurity about land and housing rights that can lead to conflicts. It is caused by several factors such as unclear land ownership, weak legal frameworks, and economic disparities, to name some. Interestingly, a survey by Good Move indicated that 68% of the British have had a dispute with a neighbor over everything. Around 6.2 million Brits have also gone through boundary disputes with neighbors. Unfortunately, escalating rows can become costly and also strain relationships. Some may even turn violent or result in other forms of conflict. Therefore, it is vital to resolve land disputes to avoid high costs, emotional stress, and potential violence.
Mediation and Boundary Surveying
Disputes often occur due to a lack of clear communication. Already, 50% of the original context is lost when listening to someone as you digest information. Hence, when you communicate it to another person who was not part of the original conversation, they only tend to get half of what was said. In this regard, it is important to reach out to the parties involved in the dispute to help clear it up. Approach the conversation with an open mind and a willingness to listen. During discussions, stay polite and respectful without making accusations or hurling inflammatory language setting a positive tone for resolving the problem.
For example, in many conflicts, the issue is caused by a misunderstanding or ambiguity about property boundaries. In this regard, it makes sense to hire a licensed land surveyor to clearly mark and define the boundaries eliminating confusion and potentially solving the problem. Professional surveyors have the knowledge and experience to provide reliable information regarding property boundaries. They also know local regulations and surveying standards. An official documentation of the survey can serve as a legal reference point in case of an escalation. Moreover, it is in everyone’s interest to learn how to read survey markers including symbols and abbreviations so that the survey documents are interpreted correctly helping make informed decisions about the property.
Mediation and Legal Advice
Should direct communication fail to resolve the issue, mediation can be a valuable next step. Bring in a neutral third party such as a mediator to facilitate discussion ensuring both sides are heard. Both parties can agree on who the mediator will be or in other cases, mediation services organizations can do the job. Depending on the type of dispute – family, neighbor, or between businesses, there are several types of mediators who specialize in conflict resolution such as those with expertise in real estate law or land management for land disputes.
Another peaceful solution is to use legal instruments without going to court. Each side can consult with a property lawyer to understand their rights and the legal frameworks governing land ownership. An attorney may suggest writing a formal letter to the other party outlining the nature of the dispute and possible solutions. For instance, if the disagreement is about the access or use of land, an ‘easement agreement’ can resolve the issue legally recognizing another person’s land to access a driveway or utility cables.
Arbitration and Legal Action
Alas, mediation may not work at all and in this case, the parties may resort to arbitration where a neutral third party makes a binding decision. It is more formal than mediation and is usually less time-consuming and expensive than going to court. Before pursuing arbitration, both parties must agree to the solution, accept, and abide by the decision. In general, arbitration is well-suited for disputes involving legal or technical issues, such as land boundaries or land use regulations. It may not be ideal for matters involving personal or highly emotional matters. The process of arbitration is managed through a recognized arbitration institution or panel such as the International Chamber of Commerce (ICC) or local arbitration bodies.
During the process, both parties present the relevant documentation such as title deeds, land ownership records, land surveys, expert reports, and contracts. Both sides can also be represented by lawyers so that the case can be presented effectively and accurately. If everything else fails, going to court may be necessary to resolve the conflict. All documents presented from previous attempts at resolution should be presented to strengthen the position. Furthermore, hire an experienced property lawyer to defend your case.
Land disputes can become very stressful, but with patience and a collaborative approach, many conflicts can be resolved cordially. Good communication, mediation, boundary survey, arbitration, and legal court are ways to find a solution that works for all concerned parties.
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