Boundary dispute Solicitors

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 and overhanging trees
rights to light
disputes about shared driveways
building work which creates disruption or encroaches
where the fence line should be and party wall issues.

Evidence of the legal boundary

Although it is easy to assume that the legal boundary between 2 properties is clear and set by physical boundary features such as fences or hedges, this is not necessarily the case. This can lead to disputes arising when one of the parties attempts to create physical boundaries where they consider the legal boundary to be.

Under the Registered Land system under English law, the first place to look for evidence of boundaries is by obtaining a copy of the title and title plan to your property and that of your neighbour plus seek to obtain a copy of any historical deeds that may still be recorded on the titles. This can be difficult as old deeds may not be retained by the Land Registry.

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), they are usually unreliable when it comes to ascertaining precise location. As a result of this, unless the infringement is obvious, it is likely to be necessary to engage a RICS accredited land surveyor to undertake a boundary survey before providing expert advice in the form of a written report as to the location of the legal boundary.

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. One such assumption is known as the hedge and ditch rule, which provides that where 2 properties are divided by a hedge and an artificial ditch, the boundary is presumed to run along the edge of the ditch furthest from the hedge or bank.

There is an excellent summary of all of the above in this Land Registry guide.

Party Wall Act boundary issues

Boundary disputes also frequently arise when a party carries out building work on or near to the boundary line which their neighbour perceives to be crossing onto their land or where the neighbour, before starting the work, must comply with the Party Wall Act. Mistakes in this regard can be extremely costly, as in some cases they can result in completed building work having to be demolished and restarted. Therefore, it is very important to be sure there is no infringement before any such work is started.

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.

In a residential context, the parties may have to continue living alongside each other for many years to come, so reaching a settlement is likely to make this easier. 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.