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Boundary Disputes

Legally reviewed by:
Wyn Legal team

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.