Boundary Disputes
Boundary Disputes arise between owners of neighbouring properties. Ordinarily such disputes arise when two parties disagree as to where the true extent of the boundary lies.
Disputes can often be triggered when one party proceeds with erecting a fence or wall believing it is on the legal normal erection boundary and the other party disagrees.
How do I know where my boundary line is?
Often parties will rely on the Land Registry plan as the document that determines a boundary line. The Land Registry plan does not determine the boundary line and the parties should divert their attention to examining their pre-registration deeds of their respective properties.
Such deeds should contain a document which outlines a transfer of the piece of land or in the alternative a clear and detailed plan with description.
It is suggested that to avoid matters escalating unnecessarily full transparency is provided between the parties so each party can inspect the neighbours’ deeds also. This can be difficult particularly if relations between the parties have deteriorated because of the dispute.
What if on inspection my neighbour and I do not agree?
If the boundary line cannot be agreed then it is suggested that both parties, with a view of controlling fees, jointly instruct a chartered land surveyor. The instructed surveyor will inspect the relevant deeds and if necessary visit the said properties to determine the boundary.
The last thing anyone wants when they are at home is a dispute on their doorstep. Disputes of this nature can strain the relationships between the neighbouring parties whilst they still line side by side. It can also transform a relaxing home into a stressful place with no rest. Therefore, careful thought and planning must be put into finding a resolution to avoid such a strain and more importantly prevent costs spiralling out of control. Legal costs have been noted by many Judges to have often outweighed the value of the land.
Here at Franklins we understand that you want a quick resolution that is also cost effective. We will work with you to provide specialist advice and ensure a full case plan is prepared to outline your options and next steps. Contact the Dispute Resolution Team on 01604 828282 / 01908 660966 or email [email protected].
Written by George Smith
Head of Litigation and Dispute Resolution, Dispute Resolution at Franklins Solicitors LLP
Specialises in contentious trusts and probate, landlord and tenant matters, debt recovery, contract disputes, Court of Protection, lease extensions, injunctions, guarantor advice, and boundary disputes.
George Smith is a Chartered Legal Executive and Commissioner of Oaths with over 29 years’ experience in civil and commercial litigation and dispute resolution. He originally joined Franklins Solicitors in 1994, rejoining in 2023 after a 20-year break.
George handles a broad range of matters including contentious trusts and probate, landlord and tenant disputes, debt recovery, defamation, contract disputes, and Court of Protection issues. Known for his no-nonsense, calm approach, he focuses on delivering swift and effective solutions to complex disputes.
Outside work, George enjoys backgammon, reading books, attending concerts, travelling, and sharing his passion for the 1980s with his four children.
