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My neighbour's survey is wrong, and I'm being told to move my fence. What can I do?Technically, a survey is a professional opinion on the location of the boundary of a parcel of land, and not necessarily the last word on the subject. As such, it is possible that two different surveyor's have differing opinions as to the position of the boundary. That being said, in most cases the difference of opinion is the result of the two surveyors considering slightly different sets of evidence as to the position of the boundary. The preferred first step if you find yourself in this situation is to ask the surveyor who prepared your survey to talk with the other surveyor who has a differing opinion. In almost all cases, the two surveyors discuss the evidence and relevant boundary laws and agree as to the position of the property line. In the rare situation that they disagree as to how the evidence is interpreted, an application can be made to the Boundaries Act tribunal to determine and fix the position of the boundary.
If you find yourself in this situation, it is always best to settle the position of the boundary before any fences are built or moved. |
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