Common Residential and Commercial Disputes: Boundary and Rights of Way

Residential and Commercial Disputes in Brisbane

Residential and Commercial Disputes in BrisbaneIt does not really matter if you want to purchase a commercial or residential property in Brisbane. It is essential that you are aware of the magnitude of access rights along with other rights that you have over it. Disagreements are usually disturbing because it can ruin relationships, even though most have to remain in the location to work or live together. 

The financial cost of hiring property lawyers such Creagh Weightman Lawyers and bringing such disagreements to Court costs more than the value of the access or property.

To understand the disputes and to prevent it from happening, identify the differences between boundary and rights of way.

Rights of Way and Boundary Disputes

You can get the rights of way from writing or from different means, including long usage. These types of disputes usually happen when there are no clear terms in the title documentation regarding the maintenance, use permitted, route and right. Common problems faced are access paths and shared driveways.

Meanwhile, boundary disputes can occur in several ways, such as intrusion in boundary features, house extensions, overhanging vegetation, and fence construction or adjustment without discussion.

Ways to Resolve Issues

The Courts usually suggest alternate means of resolving such matters before both parties get the law involved. They say it would be better to at least try since they will continue to be neighbours. They can also attempt other means like mediation, the involvement of an independent surveyor and negotiation between solicitors. They explain that such processes are less confrontational, cheaper, quicker and more flexible compared to the Court method.

Coming to a decision that will work for both parties might seem impossible at the moment, but they have to give it time and involve fewer emotions. By doing this, they get to spend fewer finances, resolve it quickly and might even form a better relationship with the other party.

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