What is a boundary dispute and how can it arise?
A boundary dispute can arise at any time but ordinarily, they come to light following a recent property purchase by one party that causes that party or its neighbour to question the boundary line or possibly following the construction of a new boundary wall or fence.
Examples of a boundary dispute
Examples of a boundary dispute could include;
- Overhanging foliage
- Disagreements over boundary lines
- Fence / hedge / wall maintenance
- Overhanging house extensions
- Position of pipes and drains
- Rights of Way (see Rights of Way page)
- Repairs & Responsibilities
- Surveyor Disputes
What should I do if my neighbour disputes the boundary line or I have cause to?
A boundary dispute is often very difficult to deal with for all parties as the issues at hand often involve the family home and neighbours; as a result, without proper handling the parties often become obsessed and a resolution seems impossible.
It is therefore essential to obtain good advice at the earliest opportunity from a boundary dispute solicitor to resolve the dispute as quickly and cost effectively as possible.
How is a boundary determined?
A boundary is typically determined by looking at various documents including, Title Deeds to the properties, old photographs and witness statements. But even with all this evidence both parties may still not agree, which is why so many cases end up in court for the judge to decide upon.
Can I use Land Registry Plans to determine the boundary?
Although people believe Land Registry plans are drawn to specification and rely on them to determine a boundary wall, this is often not the case. Land Registry plans are not intended to determine boundaries with precision and they should not be relied upon when seeking definitive answers with regard to the line or location of boundaries.
Do I need a solicitor?
Yes. Even with the simplest boundary dispute, legal advisors are required to not only advise on the terms of settlement but also on the wider implications of a boundary dispute. It is important to bear in mind that doing nothing can be equally problematic as proactive settlement in the longer term. Proper advice is essential.
Remember, an initial telephone call to one of our boundary dispute resolution lawyers will cost you nothing. We are committed to discussing with our clients all funding options, further details of which are noted on our Civil Dispute Resolution homepage.
For further information contact our team today at our offices across Lincolnshire and Newark, in Boston, Grantham, Lincoln, Newark, Sleaford and Spalding.