Boundary disputes can quickly become bitter, making living next door to your neighbour difficult and stressful. If you are involved in a disagreement over a boundary, you are strongly advised to try and resolve it promptly before the situation deteriorates.
Boundary disputes can be complex and it is not often possible to establish exactly where a boundary is from simply looking at the title deeds. The reason for this is that the scale of the plan included with the legal title is rarely large enough to clearly set out where a boundary is on the ground.
This means that other methods need to be used to find where the boundary is. We take a look at how this is dealt with and steps you can take to try and resolve a boundary dispute with minimal conflict.
Establishing where the boundary is
Finding the exact location of a boundary can be a job for professionals, and often both surveyors and solicitors are needed to deal with a disagreement.
A property solicitor will be able to look at title deeds and older deeds of conveyance that make reference to the boundary and that include plans.
The situation on the ground also needs to be examined to see what features are present on the ground, what has changed over time and who uses the land in question.
Any changes in the boundary location over time will need to be considered, to include whether this was done by agreement or by one party occupying the other’s land without consent, referred to as adverse possession.
Speaking to your neighbour
The best way to try and deal with the situation is to talk to your neighbour and see if you can find a solution that is acceptable to both of you. You can put together any relevant information, such as details of how long a fence or hedge has been in place and how long you have used any disputed land.
Speak to an experienced property solicitor
If you are not able to resolve matters through discussion, the next step is to speak to a property solicitor with experience of dealing with boundary disputes. If you ask us to help you, we will work with you to identify where the boundary is and any relevant issues relating to land use and features on the ground.
It is sometimes the case that involving a solicitor will help individuals focus on trying to find an acceptable solution to the issue to try and avoid litigation.
We can put your case robustly and try to resolve matters by way of correspondence and negotiation.
Alternative dispute resolution
If it is not possible to find a solution, you can consider alternative dispute resolution. This is usually preferable to going to court as it tends to be a faster process as well as being more cost-effective. Methods of alternative dispute resolution include mediation and early neutral evaluation. Professionals will work with both parties to try and find a way forward and avoid litigation.
How the court will deal with a boundary dispute
As a last resort, a boundary dispute can be taken to court. Following the case of Acco Properties Limited v Severn (2011), a range of principles will generally be considered, including:
- The plan registered at the Land Registry shows general boundaries only and is not exact
- Ordnance Survey maps are only a general guide and cannot be reliably scaled up
- The first consideration is what the conveyance (in the title deeds) says
- If the conveyance is unclear, other evidence can be considered, such as features that were in place at the time of the conveyance
- The conduct of the parties may be relevant if it shows what they intended in respect of the boundary
- Any adverse possession of land
- Boundary agreements might not be in writing and could be oral, inferred or implied
- The court will consider what a reasonable layman would consider he was buying
Boundary disputes can be expensive to resolve if they escalate, and it is always advisable to seek legal advice early on to try and find an acceptable solution promptly and without the need for litigation wherever possible.
Contact us
If you would like to speak to one of our expert property lawyers, ring us on 0333 3055 189 or email us at info@lpropertylawyers.co.uk
