Settling boundary disputes without fuss – Pt 2
GOOD DAY, readers. Today, I will continue to look at the process that can be used to settle a boundary dispute/disagreement with your neighbour.
We have already spoken about the fact that surveyors are adjudicators who are essentially there as ‘ex officio’ officers of the courts who help to solve the land, property or boundary disputes and problems.
I also made it clear that the land surveyor is not an advocate of either party in the dispute but he/she is an advocate of the law and the absolute truth with regard to the boundary. He is bound by measurements and the statutes that govern.
In the previous piece, I also indicated said that you should present your documents as it pertains to your interest in the property being surveyed. I finally spoke about a Notice of Objection if you have strong objections about the survey being conducted along your boundary line.
NOTICE OF WITHDRAWAL
The survey upon that boundary line may continue when the notice is withdrawn.
“If Notice of Withdrawal is not served upon the surveyor within 10 days of the date of service of Notice of Objection, the matter may, with the consent of the objector and the owner of the land to be surveyed, be referred to the Director of Surveys for arbitration in a summary manner.
“Provided that nothing in this subsection shall be deemed to prejudice the right of any person to take proceedings before any court of owner and objector of the survey competent jurisdiction.”
THE DIRECTOR OF SURVEYS CAN ARBITRATE THE MATTER
“The Director of Surveys may, upon such reference and on hearing such evidence that may be placed before him, order the objection to be withdrawn, in which event the survey may be proceeded with, or he may uphold the objection, and order that the survey, in so far as it affects the objector, shall be discontinued.
“Every such order shall, unless proceedings are taken before a court of competent jurisdiction within six months of the date of such order, be final and conclusive.”
THE SURVEYOR MAY CONDUCT WORK DESPITE NOTICE OF OBJECTION
Notwithstanding any notice of objection, a surveyor and a student surveyor or survey technician, working under the supervision of that surveyor may, after due service of notice and prior to the date of commencement of the survey, enter upon any land and make traverses, or perform such other works as may be necessary, for the purpose of gaining information in relation to the survey:
Provided that such surveyor, student surveyor or survey technician shall not run or mark any boundary line. The boundaries of property and property surveys may indeed cause some amount of disagreement or disputes between neighbours.
However, the commissioned land surveyor is adequately trained and equipped to resolve you disputes if allowed to do so.
Let’s resolve our boundary disputes amicably from now on.
Until next time, traverse well.
I will be embarking on what I have dubbed ‘A Matter of Land Island Tour’.
Along with my team of a valuator/realtor and a mortgage specialist, I will be doing a series of free presentations across the island.
We will begin in Kingston the final week of June. If you are part of a company and would like us to make a presentation to your organisation, please contact me for details.