Boundary Disputes & Resolving Conflicts
Boundary disputes are common for property owners in the UK, often arising from unclear property boundaries or disagreements with neighbours. Whether you’re dealing with a residential garden or commercial land, these disputes can escalate quickly without proper resolution.
Let’s explore common causes, your legal rights, and resolutions.
What Causes Boundary Disputes?
Boundary disputes typically arise when there’s uncertainty or disagreement about the exact dividing line between two properties.
Common triggers include:
- New fences – When you or a neighbour install fences or walls on a property’s perimeter it’s very common for this to spark a disagreement over the exact location of the boundary.
- Overgrown trees/hedges – Encroachment by trees/hedges and plants that overhang fences usually cause annoyance. The question of who should maintain the neighbour’s vegetation is something that often leads to tension.
- Property extensions – Home improvements or use changes to land may inadvertently cross property lines, especially during development. It can be disruptive to neighbours and lead to disputes.
- Dated documentation – Property deeds may be vague or outdated, which leads to confusion for all parties involved. It’s common for these boundary issues to have been unknown for many years.
Legal Rights to Boundary Disputes
Under UK law, boundary disputes are civil matters, which means it’s your responsibility to understand your properties legal documentation and rights.
Firstly, you should review your property’s title deeds; these often contain the most detailed records of where your boundaries lie, although older deeds can be vague or unclear.
If the deeds leave room for doubt, you can download more documentation from the Land Registry website for a nominal fee. These plans are used to define property boundaries but, unfortunately, they aren’t always precise. They usually provide a general outline rather than pinpointing exact boundary lines.
If the dispute involves long-standing use of land, adverse possession might come into play. Adverse possession allows someone to claim ownership of land they have occupied continuously and without permission, usually for at least 10 years. This can complicate disputes, especially if a neighbour has been using part of your land without objection for a significant period.
For example, imagine your neighbour has built a fence that cuts into your garden by a metre or so. After checking your title deeds and Land Registry plans, you find no record of an agreement permitting this. You’d have a strong legal basis to challenge the encroachment, but understanding the specifics, especially if adverse possession is claimed, would require professional legal advice.
Steps to Resolve a Boundary Dispute
Without doubt, resolving disputes amicably is the best approach, but when this isn’t possible, legal support is available from Caversham Solicitors!
Top tips:
- Stay calm and aware of both sides of the disagreement
- Keep communication open and civil
- Gather evidence, such as a the title deed, Land Registry plans and take photos
- Commission a professional RICS survey to look at historical records (Their findings would be needed should things escalate to court)
- Invite the party to mediation, a third neutral party may be able to facilitate discussions and reach an amicable agreement.
If all other methods fail, you may need to seek a court ruling. Boundary disputes typically fall under the jurisdiction of the County Court or First-tier Tribunal (Property Chamber). Be aware, however, that litigation can be expensive and time-consuming.
Boundary disputes can seem daunting, but knowing your rights and seeking guidance when necessary, often prevents a disagreement from turning into a prolonged legal battle.
Need Help with a Boundary Dispute?
At Caversham Solicitors, our property litigation specialists are experienced in resolving boundary disputes swiftly and effectively. We’ll guide you through every step, from initial negotiations to court representation, ensuring a stress-free process.
Contact us today for expert advice tailored to your situation.
