Disputes can often arise regarding the position of the legal boundary between neighbouring properties. While a boundary often appears to be demarcated by a physical feature such as a fence or hedge; a legal boundary is in effect a two-dimensional line which separates two properties.
How can I resolve a boundary dispute?
Speaking to your neighbour first will help. Parties to any dispute are expected to attempt to resolve disputes without the need for litigation. If a discussion with your neighbour does not conclude the matter, you should seek legal advice.
How much can a boundary dispute cost?
Boundary disputes can be a long and costly process and can also have a detrimental effect on the value of either neighbour’s property. Therefore, parties to a boundary dispute should look to reach an early settlement with their neighbour as the stigma attached to land which is the subject of a boundary dispute can be severe.
How can I avoid a boundary dispute?
Before you consider any changes to your property it is advisable to establish where the boundary between your and your neighbour’s properties lie. Speaking with your neighbour first will also help, discussing all of your planned work prior to progressing.
Are the title plan or deeds a definitive guide?
In a dispute over land, it is crucial that the limits of the land under dispute are accurately defined. Many people are of the mistaken belief that the title plan of their property at the Land Registry is the definitive guide and are bewildered when they are informed it is just a guide! The issue of who owns what, is, on occasion, far more complicated. In this regard, there is absolutely no substitute for competent legal advice, and the sooner the better. The issue of trespass to land is a serious one.
How can PGM help?
The law in this area can be confusing and complex. It’s therefore important to instruct a solicitor to advise you throughout the process. We can also engage the services of a professionally qualified surveyor who will visit the site in question and accurately measure the ground using the latest equipment. This is far more accurate than relying on plans and deeds that may not be to scale. Also, it should be kept in mind that borders can, and do, change over time. The surveyor can highlight such things.
If you are in a dispute with your neighbour, please get in touch for an initial free consultation on 01792 468684 or email enquiries@pgmsolicitors.co.uk.
