Boundary disputes

We have an experienced and specialist team of lawyers with a track record of achieving the best outcome with boundary disputes.

Boundary disputes can be difficult to resolve even though the value of the dispute in financial terms is generally small. This is because often, both parties will feel that they are in the right and consider it a point of principle. This can make the scope for compromise more difficult than in other types of disputes.

Types of boundary disputes

Common situations which lead to legal disputes about boundaries involve:

• claims to have a right of way.

• issues with trees & overhanging trees.

• rights to light.

• disputes about shared driveways.

• building work which creates disruption or encroaches.

• disputes over the fence line and party wall disputes.

Evidence of the legal boundary

Although it is easy to assume that the legal boundary between two properties is clear and set by physical boundary features such as fences or hedges, this is not necessarily the case.

Many people are surprised to note that title plans filed at the Land Registry tend to only show the approximate location of the legal boundaries between properties, rather than their precise location (known as the general boundaries rule)and are often unreliable when it comes to ascertaining precise location.

There are inherent uncertainties in most boundary disputes and if disputes ever reach court, much is likely to depend on evidence of actual use, legal presumptions and case law.

Mediation or arbitration for boundary disputes

Part of the value of instructing lawyers is in establishing a line of communication between the parties at an early stage to increase the chances of settlement before costs escalate and positions harden. Sometimes this will involve the use of formal Alternative Dispute Resolution (ADR), such as mediation or arbitration.

When settlement is not possible, our property litigation team have the necessary experience of taking boundary disputes to Court.

For more information on boundary disputes and how our team can help, get in touch.