Boundary Disputes

A boundary dispute is a dispute that arises between neighbouring properties in relation to the boundary of a property. It is important to understand where the boundary of a property starts and ends as this determines the rights and liabilities of the property owner or occupier.

A boundary dispute may arise in relation to a boundary line or more significantly the construction of a new boundary between properties. In addition to the dispute surrounding the location of the boundary, there may also be a potential trespass or nuisance claim. Before commencing a claim in court, it may be possible for a boundary dispute to settle. For example, by way of neighbour mediation, a binding evaluation by an expert, a non-binding evaluation by an expert or following a pre-litigation protocol.

A boundary can be determined by checking the following:

1. Title Deeds and Plans.
2. Ordnance Survey Maps.
3. Boundary features such as a natural boundary.
4. The expert opinion of a surveyor.

We can assist neighbours or occupiers in neighbouring properties to commence or defend a claim involving a boundary dispute.

We can assist with:

1. Reviewing documentary evidence to understand the position of the boundary.
2. Work closely with experts to better understand the position of the boundary.
3. Mediate between neighbours to avoid a long and protracted boundary dispute.
4. Making an application to the Land Registry to have a boundary determined.
5. Objecting to an application to the Land Registry in relation to an application to have a boundary determined.
6. Issuing and defending county court proceedings involving boundary disputes.

https://www.gov.uk/how-to-resolve-neighbour-disputes/talk-to-your-neighbour