Our Expert Legal Guide to Boundary Disputes

Boundary disputes are a common and often complex issue that homeowners and landowners may face, potentially leading to strained neighbour relations and legal challenges. This guide aims to provide a comprehensive overview of what boundary disputes are, the issues they encompass, and the steps you can take towards resolution.

What Are Boundary Disputes?

A boundary dispute is a disagreement between neighbours about the boundary between their properties. Boundary disputes usually arise where there is conflict over land ownership, usage, possession, or boundaries.

Issues include (but are not exclusive to) encroachment, easements, rights of way, shared amenities, adverse possession, land use changes, unclear or conflicting boundaries, ownership claims, inheritance, land grabbing, and neighbour relations. 

For example, a boundary dispute may arise during the construction of a house extension which could block or narrow shared accessways or encroach into a neighbour’s garden. 

It can sometimes be difficult to resolve boundary disputes without the help of a specialist litigation and dispute resolution solicitor, as it may be unclear who owns a particular boundary and, if changes have occurred over time. 

How to Resolve a Boundary Dispute

Disagreements between neighbours are common when boundary disputes arise. It is important to communicate calmly and discuss the issue amicably.

1. Seek Expert Legal Advice

Seek advice from a local litigation and dispute resolution solicitor at the earliest opportunity. By instructing your solicitor and instructing them to advise both practically and legally, an early resolution may be reached. This will likely save both neighbours’ legal and surveyor costs as well as time. 

2. Collect All Relevant Evidence

Both parties will need to produce any evidence they have in their possession which relates to the position of the disputed boundary. 

Clear and convincing evidence may include: a surveyor boundary report, title deeds, property plans, historical records, photographs, recorded agreements or restrictions, to name a few.  

3. Hire a Professional Land Surveyor 

A suitably qualified surveyor with sound experience in boundary disputes can help determine boundary lines. These specialist surveyors will have experience in mapping, surveying, and preparing expert witness reports for Court.

At Stone Rowe Brewer, we work with local experts to assist our clients in obtaining expert evidence. 

4. Adhere to the Pre-action Protocol for Property Disputes 

A Pre-Action Protocol for these kinds of disputes has been developed to encourage parties to work together to resolve their boundary disputes early on. It is known as The Boundary Disputes Protocol (‘the Protocol’). 

The Protocol aims to assist you to resolve your boundary dispute quickly and keep litigation costs to a minimum. The Protocol helps to ensure that parties involved: 

• Exchange sufficient information in a timely manner to minimise the scope of the dispute. 
• Understand the importance of appointing professional advisers to make sure their position is protected, where necessary. 
• Are aware of Alternative Dispute Resolution (ADR) methods to enable them to resolve their dispute. 

5. Attempt to Resolve Your Case Through Negotiation and Mediation 

The prospect of amicably negotiating a boundary dispute with a neighbour can be daunting. Key to resolving your boundary dispute is to work together toward a suitable solution. 

Our experienced property litigation solicitors are on hand to help you reach a mutually agreeable solution to resolve your case quicker, by providing you with tailored advice. 

Is There a Time Limit on Boundary Disputes?

In the context of boundary disputes, understanding the time limits for making claims is crucial. In the UK, the Limitation Act 1980 sets out the time frames within which legal actions must be initiated. A claim for adverse possession (where a person claims ownership of land that they have possessed for a certain period) must generally be made within 12 years if the land is unregistered.

For registered land, the time limit can be somewhat different, with the Land Registration Act 2002 introducing a 10-year period for adverse possession claims in certain circumstances.

However, it’s important to note that the specifics can vary based on the individual circumstances of the dispute, including the nature of the claims and when the disputed facts arose. Early legal advice can help clarify these time limits and ensure that your rights are protected within the relevant legal frameworks.

Settle Your Boundary Dispute: Get the Right Legal Advice

Get in touch with a member of our Commercial Dispute Resolution team, who will are experienced in guiding clients through boundary disputes and helping them to reach a resolution with their neighbours.

A Comprehensive Guide to Settlement Agreements in England & Wales

What Is a Settlement Agreement?

A settlement agreement is a legally binding contract between you and your employer that ends your employment contract on mutually agreed terms. 

Before signing, employees need an independent legal adviser to check your offer is fair and reasonable, negotiate the terms of settlement if appropriate and ensure you understand the implications of signing such an agreement. 

Settlement agreements are usually drafted by your employer and become binding once signed by the employer, employee, and your legal adviser.

What Is the Difference Between a Compromise Agreement and a Settlement Agreement?

The Enterprise and Regulatory Reform Act 2013 made a few changes through which ‘compromise agreements’ were renamed settlement agreements and new provisions (Section 111A) were inserted into the Employment Rights Act 1996 (ERA).

A settlement agreement can be used to end an employment relationship on agreed terms. Unlike a compromise agreement, which could be used to resolve ongoing workplace disputes.

What Is the Process of Entering Into a Settlement Agreement?

Your employer will supply you with a draft settlement agreement. As an employee, you will then need to obtain independent legal advice before signing a settlement agreement.

Your legal fees associated with the independent legal advice are usually paid for by your employer.

If an agreement is reached, then the following must be met in order for the settlement agreement to be comprehensive:

• It must be in writing.
• It must cover any specific dispute you are having.
• It must set out what you and your employer have agreed.
• It must include an ‘Independent Legal Adviser’s Certificate’.

If your employer breaches the agreement after it has been executed (for example, does not make payment in accordance with the settlement agreement) you can claim for breach of contract and should talk to a legal adviser for further guidance.

Negotiating Your Settlement Agreement

Negotiating the terms of a settlement agreement is crucial. This can include the financial compensation amount, non-financial benefits, confidentiality clauses, and terms related to post-termination restrictions. Effective negotiation can lead to a more favourable settlement, especially in cases of unfair dismissal, discrimination, or whistleblowing.

Key Factors Influencing Settlement Amounts

The amount you should expect in a settlement agreement varies greatly and is influenced by several factors, including the strength of your case, the employer’s offer, and the potential outcomes of an employment tribunal. The amount may also reflect compensation for any unlawful treatment you have experienced at work, as well as for non-financial benefits like an agreed reference.

Is a Settlement Agreement Taxable?

The tax treatment of settlement agreements is complex. Generally, payments up to £30,000 can be made without deductions for tax, but this depends on the nature of the payment. This is called a compensation payment or an ex-gratia payment.

The Next Steps: What Does our Independent Legal Advice Entail?

• An in-depth review of the settlement agreement and all associated documentation, such as your contract of employment, notice of termination and redundancy calculations.
• A meeting with you (in-person or virtually) in order to advise you of the main terms and effect of the agreement and implications of signing such an agreement.
• A review of quantum, i.e., ensuring your statutory redundancy pay has been calculated correctly (Statutory Redundancy Calculator) and that the severance payment is within the bracket that we would expect in our experience.
• We will liaise with your employer to finalise the terms of the agreement and facilitate execution of the same.
• We will execute the Independent Legal Advice certificate.

SRB: Get the Right Independent Legal Advice

The prospect of negotiating a settlement agreement can be daunting when faced with unfamiliar circumstances during your redundancy or termination employment. Our experienced solicitors are on hand to help you navigate these negotiations and provide you with tailored advice. At Stone Rowe Brewer, we are here to help.

Get in touch with a member of our Dispute Resolution and Litigation Department, who will act as your independent legal advisers over your settlement agreement.

The Renters (Reform) Bill: How is the Bill Expected to Impact Landlords?

The Renters (Reform) Bill (‘the Bill’), introduced to Parliament in May 2023, represents a significant shift in the UK’s approach to the private rented sector (‘PRS’). As with any major legislative proposal, the Bill has sparked a range of opinions and discussions about its potential impact and effectiveness.

The PRS has seen substantial growth over the past two decades, with the number of privately rented properties doubling since 2004. This growth has brought to light various challenges and disparities within the sector. The Bill aims to address some of these issues.

Part 1 of the Bill, will amend the various sections of and Schedule 2 to the Housing Act 1988 (‘the 1988 Act’).

The Abolition of Assured Shorthold Tenancies (ASTs) 

One of the most notable changes is the abolition of Assured Shorthold Tenancies (‘ASTs’). Typically, landlords and tenants enter into a fixed-term AST. However, with the introduction of the Bill, there will be a transition towards a unified system of periodic tenancies. 

This means that the duration of the tenancy will align with the rent payment period, which – under the new provisions – cannot exceed a month. Importantly, tenants will have the right to give two months’ notice to vacate the premises, unless a shorter notice period is mutually agreed upon with the landlord.

The Abolition of Section 21: “No Fault Evictions”

Another significant change is the abolition of Section 21, commonly known as “no fault evictions”. Historically, Section 21 of the Act has empowered private landlords to reclaim their property without having to establish fault on the part of the tenant.

However, once the Bill is enacted, Section 21 of the Act will be repealed, and landlords will no longer be able to terminate tenancies by way of a “Section 21 Notice”.

Amended Grounds for Possession 

There will be thirty-three different grounds for possessions in Schedule 2 to the 1988 Act as amended. As is currently the case, the ground will be either: 

1. Mandatory (the court must give possession if the ground is made out); or
2. Discretionary (the court may give possession if the ground is made out).

Ground 1 is amended to allow landlords to recover possession in order for them or their close family members to move into the rental property. The requirement to serve a notice that this ground may be relied on prior to the start of the tenancy has been removed. The Bill defines “close family members” as the landlord’s spouse or children. Meanwhile, cousins, nieces, and nephews are not included. 

A new ground 1A is introduced for landlords who wish to sell their property. However, this ground will not be available to use during the first six months of the tenancy.

A new mandatory ground for repeated serious arrears is also being introduced (ground 8A). This ground will be made out where a tenant has been in at least two months’ rent arrears three times within the previous three years, regardless of the arrears at the date of the hearing.

When Will the Renters Reform Bill Become Law?

New legislation in the UK normally becomes law on either the 1st of April or the 1st of October each year. Therefore, when the Bill is passed, it will likely become law on one of these dates. 

However, the parliamentary process can be lengthy, and the Bill may be subject to further amendments which could cause delays. The government has stated that it is committed to delivering reforms to the private rented sector, but the specific details of the legislation may change as it progresses through parliament.

How We Can Help 

SRB has an established dispute resolution and litigation department that specialise in landlord and tenant disputes. If you would like to discuss the potential impact of the Bill, please get in touch with a member of our team who will be able to provide tailored advice.