Boundary disputes between neighbours are becoming more common.
We have seen a noticeable increase during the last 12 months, perhaps because people have spent much more time at home!
Most common boundary disputes
The most frequent issues are:
- Property extensions encroaching over boundaries.
- Disputes about the location of the boundary line between houses.
- The moving of hedges/fences or trees.
- Whether the boundary feature is shared or the responsibility of one neighbour.
Often, there is no black and white answer, and this can result in tensions between neighbours which is difficult to live with.
This is because Land Registry plans do not determine the exact location of the boundary. Property deeds and conveyancing documents need to be reviewed carefully.
Boundaries can change over time by agreement or conduct and there may be key boundary features on the ground that an expert surveyor needs to inspect.
Review the deeds
Boundary disputes can take a long time to resolve. They can be costly so a preliminary review of your deeds is needed.
This can be looked at by a surveyor coupled with a solicitor’s advice on the issues and any potential claims of adverse possession. This enables someone to claim another’s land after a period of 10 years, for registered land, if it has been to the exclusion of others. This is the best way to proceed.
Seek advice on boundary disputes early
As with all civil disputes, it is better to seek legal advice early.
At Marsden Rawsthorn, we will provide you with the best practical ways to try and resolve your boundary dispute as quickly and cost effectively as possible.
If you’re experiencing a problem with your neighbours in relation to boundaries, then contact us to arrange a free initial discussion.
Article by Katy Rider, Dispute Resolution Solicitor.
