21 Jan How to resolve a boundary dispute
Have you found yourself in a dispute with your neighbour over the boundary between your properties? Saqib Khan, Associate solicitor at HRJ Foreman Laws discusses what boundary disputes are, how they can be resolved, and the practical and legal considerations homeowners should bear in mind during the process.
What is a boundary dispute?
A boundary dispute arises when two or more parties have differentiating views regarding the location of a boundary line that separates their properties or land. Legal boundaries delineate all land and property. Typically, fences, hedges, and walls serve as indicators of these boundaries. Nevertheless, it is important to note that these physical structures do not always represent legal boundary markers.
As a result, such disputes may occur when one party erects a physical structure, such as a wall, extension, fence, or hedge, which the other party contends encroaches upon what they believe to be their land. Disagreements may also arise in circumstances where one party removes a longstanding feature that has historically marked the boundary.
Boundary disputes vary from case to case and may not always concern the boundary specifically. Certain situations may give rise to a boundary dispute such as:
- Trespass and encroachment disputes.
- Claims over rights of way.
- Easement disputes.
- Adverse Possession claims.
- Issues with overhanging trees and branches.
- Construction works.
- Changes of land use.
Whatever the case may be, it is important to seek legal advice to ensure that you properly understand your rights, the legal position concerning the matter and to properly consider the practical options available to you.
Resolving a boundary dispute
Boundary disputes can prove to be difficult, costly and emotive matters as a result of people understandably having a sentimental attachment to their property, as after all it is their home.
In light of the above, attempts to avoid the need for costly litigation should always be borne in mind, especially when the costs incurred tend to be disproportionate to the value of land as seen in most boundary dispute matters.
The best outcome for most parties involved in a boundary dispute is to reach a resolution without the need for court proceedings. Below are some of the steps parties may consider when trying to reach an amicable resolution:
Legal advice
Boundary disputes have the potential to escalate into contentious conflicts, complicating the relationship with your neighbour and creating a stressful living environment. If you find yourself in a disagreement regarding a boundary, it is advisable to obtain legal advice as soon as possible to prevent the situation from worsening.
Title deeds and historical evidence
Original deeds, which date back to the initial registration of the properties may contain essential information regarding property boundaries. These documents may also provide comprehensive descriptions of the land, including measures that can assist in resolving boundary disputes.
It is also worth collecting evidence by way of historic and aerial photographs illustrating the past physical position of the land such as fences, walls, hedges, or landmarks which may have existed for many generations to further support your position.
Professional land surveyors
Instructing a licensed surveyor to perform a comprehensive property survey is frequently regarded as an essential measure in addressing boundary disputes. Expert reports from a qualified professional can also serve as admissible evidence in court, contingent upon the court’s acceptance. A surveyor will evaluate historical records, physical indicators, and various pertinent elements to accurately establish the exact boundary lines.
Boundary agreements
In the event the parties can mutually agree to the determination of the boundary line, then they may proceed to enter into a boundary agreement. This legal document can be used to illustrate the mutually accepted property boundaries and any conditions concerning land usage or upkeep. A boundary agreement serves as a definitive reference for future situations and can assist in averting potential conflicts.
Negotiation and mediation
Parties engaged in boundary disputes may explore alternative dispute resolution methods. Frequently, these alternatives prove to be more expedient and economical compared to court proceedings. Negotiation and mediation are often encouraged methods of alternative dispute resolution which involve experts collaborating with both parties to seek a resolution and prevent the need for litigation.
Our team of property litigation specialists at HRJ Foreman Laws have significant expertise in managing the intricacies of boundary disputes with assurance and proficiency.
Contact us for legal advice:
- Email info@hrjforemanlaws.co.uk
- Call Hitchin, 01462 457711, Welwyn Garden City, 01707 887700, Old Harlow 01279 709 100.
- Complete our contact form here