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Is a Boundary Dispute Reasonable or Capricious?
Is it legal to put up a fence on a boundary? How do you make it more reasonable when the title deeds are legal and clear? Is there a chance for a capricious court resolution? Why should three judges permit the boundary problem to escalate? How do you keep the law away when there is no space for a cordial agreement between the owners? What law prevails over the land bought and the mortgage deeds?
I can go on with unreasonable questions when the answer is clear, legal and fair…but to put up my fence, it has festered. Let me share the situation in case it may help and prevent similar cases.
What is a boundary
First of all let's define boundary by the way it is found in the dictionaries. That abstract noun is something that shows where an area ends and another area begins. It is a point or limit that includes where two things become different by:
- a fence
- a river
- or even by such thing as an imaginary line
The world was created and it is divided into the following boundaries with over 3000,000 cities:
- North America
- South America
There is an imaginary air road boundaries to ensure the safety of air navigation, and the efficient utilization of navigable airspace by aircraft.
The Great Wall marks the boundaries from east to west of China.
The picture below is how the property is legally divided.
This is how the boundary situation began
I bought a property up on a mountain, escaping from neighbors that do not respect what love is about “Love does no wrong to a neighbor; therefore love is the fulfillment of the law.” (Romans 13:10), nor respect the first article of The Universal Declaration of Human Rights that states:“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”
The picture below marked in red is our boundary issue.
Taking what it is not own
Going by the boundaries at the moment of constructing a fence my neighbor will be blocked. If you notice, by the way my neighbor constructed his fence, it will block his own way through his property. The case is that he did it to himself. Now he does not want me to put my fence up and wants me to move the boundaries. He has not taken very well the approach; he sees my act as a greedy one. Now tell me something… Is it legal to cheat the bank that accepted my property to build the house?
Is it legal for three judges to step on the article 2 of The Universal Declaration of Human Rights that states: “Everyone is entitled to all the rights and freedom set forth in this Declaration without distinction of any kind….” Humm are you reading my thought process…
My uncle, whom I love in a special way, is my dear neighbor. A vow is something I did for my father to stay back with the fence issue, and the compromise was my uncle made a commitment of not selling. The vow ended with my father’s death and my uncle broke his promise, selling the house. This has added up many unnecessary discomforts, which I will not expose.
Ok, enough with the gossip…let’s go through what concerns to the H.O.W. movement.
The best way to deal with boundary problems:
- Assure yourself before you put up a fence. Take measures in taking away light, air and vision from your neighbor. Be sure of your legal boundaries. My uncle put up his fence in his boundaries but forgot mine.
- Invite your neighbor to be reasonable toward the legal deeds.
- Find mediation service before neighboring relations deteriorate irreparably. (Thank God I still say to my uncle “bendición” and he replies “Dios te bendiga”.)
- The world is so big, if you cannot deal with other's rights, live alone or seek some kind of therapy.
This is not about family love…either one of us could pass away at any moment. Others will stay with this issue, and they will not deal by our family's status quo. Actually, I cannot put up my fence if I do not present the case in the …this means money and emotional stress, beyond other things. I have to sue my neighbor (my adorable uncle) because of the contempt charges in the final resolution in order to have a fence. Supreme court
Love must be tough!
This is deeper than what I have exposed, but I wanted to share my testimony in case you could be walking this uncomfortable path. For a better humanity, sometimes we need to pass through discomfort when we want to do things legally. Love must be tough! We need to learn to discipline ourselves and respect boundaries by all means.
If we do not respect ourselves how will we be respected by others! Love thy neighbors as yourself.
Blessings to all!
© Maria Magdalena Ruiz O’Farrill
How to divide boundaries with a fence
© 2013 Maria Magdalena Ruiz O'Farrill