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Size up the situationīefore you approach a neighbour who’s upsetting you, identify the specific problem. By following the tips below, you can ensure that you never become embroiled in a lengthy-and costly-court battle with the people nearest you. If you’ve got a festering dispute with your neighbour, or if you’re a happy homeowner who wants to avoid one in the future, we can help. That’s sad because chances are, unless you’re willing to move, you’ll have bad relations with your neighbour for years to come. “Most people talk to their neighbour, but they don’t really listen or communicate effectively and that escalates the dispute. “We tend to take adversarial positions from the beginning,” says Colm Brannigan, a mediator in Brampton, Ont., who helps homeowners resolve disputes. Whatever the reason-noisy neighbours, parking issues from a mutual driveway, piles of unsightly junk propped against a shared fence-it’s short-sighted to endanger good neighbourly relations for the sake of being right. Like the Fabinis, they make false assumptions about property boundaries, often leading to years of bad blood. “Their first thought when a dispute arises is often, ‘Why should I put up with it?’” Neighbours rarely do enough research before acting. “For most people, their home is their castle,” says Lyon Gilbert, a dispute resolution expert and private judge in Ottawa. Lawyers can tell you endless stories about the feuds they’ve seen between neighbours-most arising from a simple lack of communication. The Fabinis’ story is as common as it is sad.
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The total cost to the Fabinis for their hasty action? About $4,000 in damages to the Richardsons, plus a whopping $11,000 to cover the legal costs for both sides-a costly price for a Father’s Day gift. Peter had made a huge mistake by neglecting to check where the boundary line was between the two properties. Turns out that neither the hedge nor the fence were on their property: they were on the Richardsons’ side.
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What happened next? After a year of legal battles, the Fabinis were forced to take down the fence. They wanted the unsightly fence to come down, and they wanted to be compensated for the destruction of their hedge. The Fabinis then proceeded to put up a chain link fence on what they believed to be their side of the property line-right up against the remaining hedge. They had planted the cedars 20 years ago for the privacy-which was now gone. The Fabinis’ neighbours, the Richardsons, were livid. (We’ve changed their names to protect their privacy.) The following weekend, believing that one line of hedges was on his property, Peter cut them down. So on Father’s Day that year, Maureen bought Peter a chainsaw. I'm buying a home I'm renewing/refinancing You will be leaving MoneySense.