Reputed Boundary: A Possible Consideration for the Resolution of the Next Boundary Dispute with your Neighbour

In Jamaica, it's not uncommon for neighbours to disagree over the positioning of the boundary fence that separates their properties. Sometimes, neighbours may live alongside each other for many years without contesting the position of the boundary fence, even if it seems to encroach on one of the neighbouring properties. While this informal arrangement, if ignored, might bring peace in the short term, it can later spark a major dispute when both neighbours claim ownership of the land where the boundary fence is located, especially if the fence doesn’t align with the official survey or legal boundary.

Under Jamaican law, there is a concept known as a "reputed boundary." This is when a fence, wall, or other marker is accepted by both property owners as the true boundary between their properties, even if it doesn't match the legal, surveyed boundary. Over time, this boundary is recognized by both parties as the correct one, and the law allows for the boundary to be legally acknowledged under certain conditions. If you're facing a boundary dispute with a neighbour, understanding what constitutes a reputed boundary may help you protect your property rights.

What is a Reputed Boundary?

A reputed boundary is a boundary line that property owners have treated as the official division between their properties, based on long-term use and mutual acknowledgment, even if it doesn't match the official boundary line shown in the surveyor's map. For example, if a fence has been in place for a minimum of seven(7) years and both neighbours have consistently treated it as the boundary, that fence might become the "reputed boundary" between the neighbours. Also, in situations where the legal boundary is unclear or disputed, this reputed boundary can become the recognized boundary.

How is a Reputed Boundary Established?

To have a reputed boundary legally recognized, certain conditions must be met. These conditions have been established by Jamaican courts and are critical for property owners to understand:

1. Clear and Visible Boundary: The boundary fence must be something both parties can see and recognize, such as a physical fence, wall, or a natural feature like a tree line. If the boundary is not physically marked or visible, it may be difficult to establish it as a reputed boundary.

2. Acquiescence by the Neighbouring Property Owner: The neighbour whose property is affected by the reputed boundary must have accepted the boundary as the true line dividing the properties.

3. Duration of Use: The boundary fence must have been treated as the boundary for at least seven years. This period of time is crucial because it shows that both parties have consistently accepted the boundary as the correct one, regardless of the official survey.

What Should You Do If You Have a Boundary Dispute?

If you are unsure about your legal rights or the validity of a reputed boundary, it's best to consult with an experienced attorney who can help you navigate the situation and provide advice on how to protect your property rights. Legal advice can help clarify complex property issues and ensure that your interests are safeguarded in any dispute with a neighbour.

Be sure to consult an Attorney, as the foregoing information is intended for general informational purposes only and does not constitute legal advice.