Boundary Disputes in Jamaica: When Neighbours Disagree on Where One Property Ends and Another Begins

• Boundary disputes arise from imprecise surveys, encroachments, or deliberate peg removal.
• The registered survey plan is the primary legal reference for any boundary determination.
• A licensed land surveyor must be engaged to physically re-establish disputed boundaries.
• Structures built over the legal boundary may require demolition or boundary adjustment orders.
• The NLA and courts have jurisdiction to resolve disputed boundary issues affecting registered titles.

In Jamaica, every registered parcel of land is defined by a survey plan that identifies its boundaries by reference to fixed points, bearings, and dimensions. When two neighbouring landowners disagree on the position of the boundary between their parcels — whether because the survey plan is old and the physical markers have been lost, because a fence or wall has been built in the wrong location, or because one party has deliberately encroached — a boundary dispute exists. These disputes are particularly common in older subdivisions, rural communities, and areas where development has preceded formal survey work.

A frequent source of conflict is a wall, fence, or structure that the builder believed was on the legal boundary but which, when properly surveyed, turns out to encroach on the neighbour’s land. Even a small encroachment — a few centimetres of a wall footing — can be legally significant, and the owner of the encroached land may be entitled to require the removal of the encroaching structure. More serious are cases where a substantial structure such as a house or garage has been built over the boundary: the resolution of such disputes can involve demolition orders or court-ordered boundary adjustments, with significant financial consequences for the party who built incorrectly.

Resolving Boundary Disputes

The first step in resolving a boundary dispute is to commission a licensed land surveyor to physically re-establish the boundary in accordance with the registered survey plan. The surveyor’s report provides an objective determination of where the legal boundary lies and is essential evidence in any subsequent legal proceedings. The Land Surveyors Act governs the licensing and conduct of surveyors in Jamaica. Where a boundary determination is disputed after survey, the matter can be referred to the NLA or, if necessary, litigated in the courts. The NLA’s guidance on boundary-related matters is available at nla.gov.jm. Licensed surveyors can be located through the Land Surveyors Association of Jamaica.

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