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Boundary Disputes

A disagreement over the true location of a boundary between your own and a neighbour’s property can be troubling and stressful.

If you believe, for example, that your neighbour has slightly encroached upon part of your land, the value of any land affected may be small in financial terms, but the fact of the encroachment may be felt very personally.

In this type of situation, it makes sense to obtain good quality, specialist legal advice as soon as possible, so as to avoid the dispute spilling over into other areas. It is sensible to try to resolve matters amicably, if at all possible, with your neighbour.

Sometimes there is an obvious answer as to where the correct line of the boundary is. In other cases, however, disputes of this type can give rise to complex and lengthy cases.

Investigating the true location of a boundary involves a number of stages. The Land Registry title plans may provide a clue, but are intended to give a general indication of the location of boundaries only. The scale is often simply too small to provide accurate and useful data. External evidence such as deeds, old photographs and witness evidence need to be analysed, together with anything that can be gleaned from the situation “on the ground”. In many cases it will be necessary to obtain an opinion from a Chartered Surveyor, acting as an expert witness.

Experts can disagree in such cases and this can lead to Court proceedings which can be lengthy and costly.

For this reason, it is sensible at every stage to consider whether or not some form of alternative dispute resolution is available, such as Mediation. Court proceedings are generally considered to be the last resort.

If you have to concerns about the position of a boundary, or if you think encroachment may have taken place, we are able to help. You can speak to one of our experienced solicitors in a fixed cost initial interview, where we can provide an initial view and discuss with you what steps are required, and any funding options that are available to you.

We will work with you to develop the most effective strategy to resolve the issue, within any cost constraints you may have.