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Successfully Resolving a Boundary Dispute: Installing a Retaining Wall to Address Soil Spilling and Nuisance
Friday 14th June 2024
Boundary disputes can arise when neighbouring properties encounter conflicts regarding property lines and land usage. One common issue is soil spilling onto a building owner's land, causing the fence to encroach and create a nuisance. Finding a solution that satisfies both parties while maintaining property boundaries becomes crucial. This blog explores the process of resolving a boundary dispute through the installation of a retaining wall on the adjoining owner's land, effectively addressing soil spilling and eliminating nuisance.
When soil spills onto a building owner's land, it can lead to various problems. The soil spilling may cause damage to existing structures, create drainage issues, and pose safety hazards. Recognising the importance of addressing these concerns promptly is essential for maintaining a harmonious relationship between neighbours. It is advisable to initiate a conversation with the adjoining landowner to discuss the issue and explore possible solutions. Mediation by a neutral third party, such as a surveyor can also be helpful in facilitating productive discussions and finding a mutually agreeable resolution. Tayross Associates were in this case appointed by the building owner impacted by the soil spilling onto their land from the neighbour's property. We believe that resolving a boundary dispute requires open and respectful communication between the parties involved.
The surveyors for each party agreed that an effective solution to address the soil spilling and encroachment issue is the installation of a retaining wall. A retaining wall is a structure designed to hold back soil and prevent erosion. By constructing a retaining wall on the adjoining owner's land, the soil spillage can be controlled, and the fence can be properly supported, preventing further encroachment. This solution was agreed by both the building owner and the adjoining owner, and work progressed in constructing the retaining wall.
In most cases, the costs associated with the installation and maintenance of the retaining wall should be shared by both parties involved in the boundary dispute. Determining a fair and equitable cost-sharing arrangement can be done through negotiation or mediation between the appointed surveyors. Additionally, establishing a plan for ongoing maintenance and repairs of the retaining wall will help prevent future disputes and ensure its long-term effectiveness.
Resolving a boundary dispute caused by soil spilling onto a building owner's land and resulting in fence encroachment requires open communication, mediation, and a practical solution. Installing a retaining wall on the adjoining owner's land can effectively address the issue, preventing further soil spilling and eliminating nuisance. By considering legal requirements, cost-sharing arrangements, and long-term maintenance, both parties can achieve a successful resolution while preserving property boundaries and fostering positive neighbourly relations.
