- Introduction
- Behavior Types in Boundary Disputes
- Anything for a Quiet Life
- The Man (or Woman) of Principle
- The Negotiator
- The Bully
- The Poker Player
- Boundary Disputes and Harassment
- Identifying the Real Problem
- Conclusion
Introduction
Boundary disputes can be avoided if everyone remembers that their asserted rights might affect their neighbors’ rights and makes allowances accordingly. Understanding your neighbor’s motivations in a dispute can help you choose the most appropriate response to strengthen your position. Sometimes, the stated issue is not the real problem that needs to be addressed. A boundary dispute may be a neighbor’s last resort to get your attention when all other attempts to resolve an unrelated issue have failed.
Behavior Types in Boundary Disputes
1. Anything for a Quiet Life
Conceding to a neighbor’s demands may seem like the quickest and cheapest option, minimizing emotional and psychological damage. However, this approach could encourage the neighbor to make more demands in the future, believing that you will easily give in to avoid conflict. It’s essential to consider the long-term consequences of always yielding to a neighbor’s wishes.
2. The Man (or Woman) of Principle
The Man of Principle has a strong sense of right and wrong and won’t tolerate perceived wrongdoing. They believe in justice and will persist until they feel it has been served, even if their stance is inflexible. If you find yourself in a dispute with a principled neighbor, it’s best to avoid adopting the same stance and instead be a Negotiator for a quicker, cheaper resolution. If negotiation fails, you may have to concede or prepare for formal proceedings like mediation or a court trial.
3. The Negotiator
The Negotiator takes a rational approach to resolve disputes. They first clarify the problem, then consider potential resolutions and what they are willing to concede. The Negotiator makes offers and counteroffers to reach a mutually acceptable settlement quickly and affordably, aiming for a win-win outcome. Negotiation is the best approach but requires both parties’ participation. If your neighbor is also a Negotiator, you can work together to find a solution that benefits both of you.
4. The Bully
The Bully is unwilling to consider other viewpoints or negotiate. They expect concession through intimidation, threatening consequences if their demands aren’t met. Most people fear standing up to a bully, which encourages this behavior. To counter bullying, present an ironclad case from a professional opinion (though not legally binding), or become a Poker Player yourself, which requires nerve.
5. The Poker Player
In poker, the aim is to make others believe you have the strongest hand, even if you don’t. Players raise stakes until opponents fold or reveal their cards. In a boundary dispute, a Poker Player neighbor will try to convince you that their position is the strongest, even if it’s not. To call their bluff, suggest exchanging deeds or surveyor reports. If they continue raising stakes, you must decide whether to fold or match them, which could lead to an expensive court case. Having a strong case and the resources to keep raising stakes may pressure the neighbor to concede.
Adopting a Negotiator’s mindset is the wisest approach. Persuade your neighbor to be a Negotiator for a potential win-win outcome while minimizing costs, time, and distress.
Boundary Disputes and Harassment
The bitterness associated with boundary disputes can sometimes be perceived as harassment by the other party. If you are accused of harassment or feel harassed by your neighbor, consult Nicholas Isaac’s article “Boundary Disputes and Harassment” for guidance. The article, written for lawyers handling harassment claims related to boundary disputes, is accessible and offers valuable advice.
Identifying the Real Problem
Technical boundary issues may be a cover for deeper underlying agendas. These could include reclaiming perceived lost land, controlling hedges or fences, accommodating current needs or development plans beyond the property’s original specifications, claiming waste land, avoiding responsibility for maintaining retaining walls, thwarting planning applications, initiating newcomers, or antagonizing neighbors due to a breakdown in relationships. Identifying the true motivation behind a neighbor’s actions can help determine the most appropriate course of action to resolve the dispute.
Conclusion
Resolving boundary disputes efficiently and amicably requires recognizing the underlying issues and adopting a Negotiator’s mindset. By engaging in open, honest communication and seeking mutually beneficial solutions, neighbors can avoid costly, time-consuming, and emotionally draining legal battles. This approach not only addresses the immediate problem but also fosters better long-term relationships between neighbors. Understanding the various behavior types and the potential for hidden agendas can help individuals navigate boundary disputes more effectively and find lasting resolutions.
Note: This article is intended for informational purposes only and does not constitute legal advice. Always consult with a legal professional before taking any action.