BOUNDARY DISPUTES

Boundary disputes often arise between neighbours where:

• There is a disagreement over where a boundary lies between your properties.
• Your neighbour objects to or defends plans to build on or close to your boundary.
• One party replaces a hedge or fence, and the parties disagree as to where that hedge or fence should be put.
• There is a dispute over high hedges that block out light or a view.
• One party builds or extends their property onto land that the other party believes belongs to them. This would include works/ extensions that overhang onto the other party’s property.
• One party uses an area of land for access which they believe belongs to them but their neighbour disputes ownership.

Every property and piece of land has exacted legal boundaries which separate your property from that of your neighbours. You would think that it would be easy to establish the exact boundaries to your property however that is not always the case:

• You may have for instance plans attached to the deeds to your property or there may be plans recorded at land registry which you believe show the extent of your property. It is important however to note that the boundaries set out on the plans attached to your deeds or recorded at land registry are general boundaries only and are not to be taken as being 100% accurate (that is unless they have already been determined by a surveyor).
• There may also be physical ‘markers’ such as a wall or hedge on your property which you have relied upon as evidencing your boundary. But again, the wall or hedge may not have been erected along the legal boundary to your property therefore should again not be taken as being 100% accurate.

If a boundary dispute does arise, or if you just want to determine the exact legal boundaries to your property, you should contact a specialist boundary solicitor or surveyor. The surveyor will attend the property and carry out a survey of the boundaries, cross check this against any plans and physical markers. They will then plot and determine the legal boundaries to your property. These will then be filed with land registry and if accepted (and providing that no objection is raised by your neighbour) will identify the true boundaries to your property.

Boundary disputes can be very stressful, time consuming and expensive to resolve. It is therefore important to try and resolve matters amicably. It could be that the encroachment is due to a slight misunderstanding.

If you are unable to resolve the matter yourself, it is important that you speak with a specialist solicitor and get them instructed as soon as possible. The solicitor will engage with your neighbour and also instruct an expert to determine the true boundaries to your property. The surveyor can assist you in figuring out the exact boundaries of the property using photographic evidence, surveys, and historical documents to strengthen your case and settle any disputes.