Boundary disputes are one of the most common sources of conflict between neighbours, and if parties cannot resolve matters between them, boundary dispute solicitors may help through mediation or court action if required.
Boundary disputes are caused when two parties both believe they have the right to a piece of land. They can cause immense animosity and stress to residential homeowners, can escalate quickly and can affect the value of your property if you wish to sell. Therefore, is advisable to try and seek resolution as quickly as possible.
Our boundary dispute solicitors advise on a range of different types of disputes that can arise over property boundaries including:
Our solicitors can assess your boundary dispute case at the outset to help ascertain its strength, advise you of the best way to take effective action and minimise legal costs.
Our solicitors are experienced in handling all types of boundary disputes cases and claims and can act quickly to protect your interests. A solicitor can help open clear, impartial dialog between parties and try to avoid any misunderstandings. We try to resolve matters amicably through negotiation and mediation to achieve an out of court settlement and maintain relations with your neighbours.
Where this is not possible, we handle property cases involving boundary disputes in the Courts and can take appropriate action can be taken, including preventing financial loss if the value of a property or piece of land would be diminished by a boundary being moved.
A boundary dispute arises when two or more property owners have conflicting claims over the exact location of a property line. These types of disputes can often become inflamed quite quickly with the various parties entrenched in their views.
Often the title deeds from the Land Registry to determine the boundaries and responsibilities will need to be reviewed, and possibly the skills of a surveyor may be required as evidence. . If constructive communication and/or mediation does not work there are various legal option available e including legal options applying a claim for adverse possession (acquiring land through long, unchallenged use) or applying to the court a legally binding decision on the boundary.
Whilst many people think a property’s title deeds and Land Registry plans clearly define the legal boundary of a property, they often only show only general boundaries, not precise legal lines. To determine the exact boundary there are a number of issues that need to be examined to determine the ‘root’ conveyance including historical land records, plans and physical evidence. A chartered surveyor’s report can help establish the true boundary using all available evidence.
Right of way disputes often arise when individuals disagree about the use of a path or access route across someone else’s property. These disputes can involve disagreements about the existence, extent, or usage of a right of way, and may be complicated by historical use or lack of clear documentation.
Common scenarios our solicitors have advised on regarding rights of way disputes include:
You can trim branches or roots that cross into your property from a neighbour’s property but only up to your property boundary. If you do more than this, your neighbour could take you to court for damaging their property. Your neighbour is responsible for maintaining their hedges, and if they do damage your property, your neighbour may be liable.
Party wall disputes arise when a neighbour objects to proposed construction work on or near a shared wall under the Party Wall etc. Act 1996 e.g. when a neighbour wants to excavate and construct foundations for a structure such as an extension, within 3-6 metres of any part of a neighbouring owner’s building or where any part of that work will go deeper than the neighbour’s foundations
The person who intends to carry out the work must inform their neighbour by serving a notice at least one month before the works starts, with the details. The neighbour has 14 days to decide if they consent to the proposed works. If they don’t or fail to respond, a dispute is regarded as having arisen.
At this point the parties may wish to appoint surveyors to draft a formal Party Wall Award, outlining what work will be required to protect both properties. If surveyors cannot agree, a third surveyor may be appointed, or a party can appeal the award to the county court within 14 days.
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