Boundary Disputes: What you need to know!
Check out this useful article on Boundary Disputes, written by the amazing Neil Bowyer and Samantha Evans from our Litigation team!
What is a Boundary Dispute?
Boundary disputes can arise whether your property is residential or commercial. When you buy a property, you also purchase the land on which it stands. Where the land ends is known as the legal boundary line which is commonly marked by fences, walls, hedges, or trees. Even if there is no physical marker, the boundary line still exists.
How do I know where my boundary line is?
The HM Land Registry has title plans for all registered properties where you can check your deeds for an indication of where your boundary line is. However, the commonly held belief that Land Registry plans show the legal boundary is wrong: Land Registry plans are purely indicative and cannot be relied upon in court. The Land Registry can only provide a general guide as to where the boundary is unless the boundary has been formally determined or a boundary agreement has been entered into.
Boundary disputes are especially common with residential neighbours. If your neighbour is complaining that a new wall overlaps their land, or if you feel that their new extension takes up too much of a pathway between your houses, you should seek legal advice.
What information do I need if I am involved in a boundary dispute?
The original conveyance showing the initial transfer of the land is the most important document in a boundary dispute situation. You should compare this with the plans your neighbour holds. Before raising the issue with them, it is useful to gather documents such as:
- Official Copy of the Register of Title Including Plan for both yours and your neighbours’ titles.
- Registration documents – from when you purchased the property.
- Boundary Survey by a RICS surveyor – to evidence your legal boundary.
Hopefully by presenting these documents to your neighbour and sitting down to discuss the position you will be able to reach an agreement with your neighbour. However, this is not always possible and if you cannot agree, you may have to resort to more formal adjudication of your dispute. If it is necessary to resort to litigation, the courts will want to see proof that you have attempted to resolve the dispute by other means. The four main options before litigation include:
- Mediation
- A binding evaluation by an expert
- A non-binding evaluation by an expert
- Following a pre-litigation protocol
The court will expect you to have explored at least one of the above avenues of settlement, however, some cases will require the involvement of the courts for a resolution. If you do not choose to investigate alternative means of making an agreement, the Judge will most likely temporarily halt the proceedings, known as a stay, to allow time for this to take place.
How we can help?
If you are struggling with a boundary dispute and need legal assistance, Bradley Haynes Law has skilled and experienced solicitors who can help support you through the process. The Team can help you manage the risks when involved in a boundary dispute including weighing up potentially high legal costs with the potential benefits of going to court, dealing with injunctions, or claims for trespass or nuisance.
To start a conversation, please contact us on 01905 900 919 and ask for Holly Brewster or Neil Bowyer.
Follow us on social media for news, valuable article links, and upcoming events:
