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.