Boundary Dispute - a guide for home owners

housing
Sep 28 | 2023

What are the usual boundary disputes we come across?

 

  1. The position of a fence
  2. A piece of land between two properties
  3. A right of way over a lane or track
  4. A tree over hanging
  5. A field
  6. position of pipes and drains
  7. extensions

 

what are the myths associated with boundaries?

 

  1. I owe the left hand side of my boundary
  2. The 'T' on my map shows that I own it
  3. I have used the piece of land so I own it
  4. I can park on private right of way if it rests on my land

 

How do they arise?

 

  1. there is a change of ownership
  2. issues with the land registry
  3. repairing drains and pipes
  4. putting up new fences
  5. trees become a nuisance
  6. building an extension

 

What you will need to prove who owns the property?

 

  1. obtain the title deeds
  2. check the plans
  3. gather any historical documents or photographs
  4. gather any evidence such as witness evidence
  5. obtain ordnance survey maps
  6. Take measurements

 

What steps should I take?

 

  1. You may get a better response by taking an amicable and friendly approach.
  2. but if that does not help you may want to give us a call, we can:
  3. send a letter to your neighbour with the documents you have provided that prove your position
  4. we can arrange mediation
  5. if all fails, we will issue an application to court for you.

 

What if I do nothing?

 

  1. When you sell the property/transfer there may well be issues that stop the sale/transfer proceeding
  2. You may end up falling out with your neighbour and that could not only cause stress, but may devalue your property.

 

What defence might my neighbour make:

 

  1. They may argue that they have rights over the land due to the time they have been using it.
  2. They may claim profit a pendre (i.e they have been using the land for livestock)
  3. They have a right of way

 

The cost:

 

If you instruct a Solicitor, it can be expensive. We suggest you instruct an expert lawyer in stages so you can control how much you spend. At Newbold we offer an hour consultation where we consider the evidence, advise you of your position, and if clear cut (i.e. not complicated that involves further evidence gathering) we can draft a letter to your neighbour or, give you the knowledge to meet with your neighbour yourself. Our hourly rate is £178.00 plus vat (20%).

 

 

 

Disclaimer: this advice should not be relied upon and is a guide only as every boundary dispute involves different issues. Always seek expert legal advice.

 

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