Website Cookies

We use cookies to make your experience better. Learn more on how here

Accept

How do I deal with a boundary dispute?

Boundary disputes can quickly become bitter, making living next door to your neighbour difficult and stressful. If you are involved in a disagreement over a boundary, you are strongly advised to try and resolve it promptly before the situation deteriorates.

Boundary disputes can be complex and it is not often possible to establish exactly where a boundary is from simply looking at the title deeds. The reason for this is that the scale of the plan included with the legal title is rarely large enough to clearly set out where a boundary is on the ground.

This means that other methods need to be used to find where the boundary is. We take a look at how this is dealt with and steps you can take to try and resolve a boundary dispute with minimal conflict.

Establishing where the boundary is

Finding the exact location of a boundary can be a job for professionals, and often both surveyors and solicitors are needed to deal with a disagreement.

A property solicitor will be able to look at title deeds and older deeds of conveyance that make reference to the boundary and that include plans.

The situation on the ground also needs to be examined to see what features are present on the ground, what has changed over time and who uses the land in question.

Any changes in the boundary location over time will need to be considered, to include whether this was done by agreement or by one party occupying the other’s land without consent, referred to as adverse possession.

Speaking to your neighbour

The best way to try and deal with the situation is to talk to your neighbour and see if you can find a solution that is acceptable to both of you. You can put together any relevant information, such as details of how long a fence or hedge has been in place and how long you have used any disputed land.

Speak to an experienced property solicitor

If you are not able to resolve matters through discussion, the next step is to speak to a property solicitor with experience of dealing with boundary disputes. If you ask us to help you, we will work with you to identify where the boundary is and any relevant issues relating to land use and features on the ground.

It is sometimes the case that involving a solicitor will help individuals focus on trying to find an acceptable solution to the issue to try and avoid litigation.

We can put your case robustly and try to resolve matters by way of correspondence and negotiation.

Alternative dispute resolution

If it is not possible to find a solution, you can consider alternative dispute resolution. This is usually preferable to going to court as it tends to be a faster process as well as being more cost-effective. Methods of alternative dispute resolution include mediation and early neutral evaluation. Professionals will work with both parties to try and find a way forward and avoid litigation.

How the court will deal with a boundary dispute

As a last resort, a boundary dispute can be taken to court. Following the case of Acco Properties Limited v Severn (2011), a range of principles will generally be considered, including:

  • The plan registered at the Land Registry shows general boundaries only and is not exact
  • Ordnance Survey maps are only a general guide and cannot be reliably scaled up
  • The first consideration is what the conveyance (in the title deeds) says
  • If the conveyance is unclear, other evidence can be considered, such as features that were in place at the time of the conveyance
  • The conduct of the parties may be relevant if it shows what they intended in respect of the boundary
  • Any adverse possession of land
  • Boundary agreements might not be in writing and could be oral, inferred or implied
  • The court will consider what a reasonable layman would consider he was buying

Boundary disputes can be expensive to resolve if they escalate, and it is always advisable to seek legal advice early on to try and find an acceptable solution promptly and without the need for litigation wherever possible.

Contact us

If you would like to speak to one of our expert property lawyers, ring us on 0333 3055 189 or email us at info@lpropertylawyers.co.uk

General

Energy minister confirms landlords must meet new EPC minimum rating

The new Under Secretary for Energy Security and Net Zero, Miatta Fahnbulleh, has confirmed that the government intends to bring in a minimum Energy Performance Certificate (EPC) rating of C for landlords. Labour promised in their election manifesto that all privately rented properties will be required to meet a minimum energy efficiency standard by 2030...
READ POST
General

Haunted houses and ghoulish deals – A spooky take on property conveyancing this Halloween!

As the chill of autumn sets in and the pumpkins begin to glow, it’s not just ghosts and goblins that haunt the streets, it’s also the perfect time to think about your next property move! Whether you’re buying, selling, or remortgaging, Halloween can bring some thrills and chills to the world of residential conveyancing. Let’s...
READ POST
General

How do I extend my lease?

If you own a leasehold property, the number of years remaining on the lease will gradually drop. Once it falls towards 80 years, you should consider extending the lease, as it can become considerably more expensive to do this once less than 80 years remain. Most leaseholders have a statutory right to extend their lease....
READ POST

Get in touch today

We would love to hear from you, whatever your query, our experienced team can help get your property transaction moving. Please get in touch today by calling 0333 305 1012. Alternatively, complete our online enquiry form below and we will get back to you.

LPL Main Contact Form

"*" indicates required fields

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply
New Business

0333 3055 249

Our Address

5th Floor Delphian House
Riverside
New Bailey Street
Manchester
M3 5FS

Opening Hours

Monday – Thursday
9am to 5.30pm

Friday
9am to 5pm

LPL and Leading Property Lawyers are trading styles of Read Roper and Read Solicitors Limited which is a Company registered in England & Wales (Company No.11269980) and is regulated by the Solicitors Regulation Authority under registration number 658171. We have been awarded the Law Society´s Conveyancing Quality Scheme (CQS), an accreditation which recognises the country´s leading conveyancers. A list of Directors is available at the registered office. The term ‘Partner’, if used, denotes a Director.