If you have a boundary dispute then whatever the nature of the land, it is desirable to obtain legal advice from a boundary dispute solicitor as soon as possible.
Boundary disputes are common-place and arise in relation to commercial, residential and agricultural land. As boundary dispute solicitors we are often involved in boundary wall disputes, or with issues relating to boundary fence ownership. Residential boundary disputes are the most common and can receive a lot of publicity. Property owners can often be very emotive about their boundaries and therefore careful and calm consideration should be given to the best way to resolve a dispute at the outset.
Boundary disputes are an extremely complex area of law. Many people seem to think that the boundary between theirs and the neighbouring property runs in a straight line down the middle of the land. However, this mostly is not the case.
Boundaries differ and vary over time. In a lot of cases the boundary may have started out as a straight line but over time may have moved slightly or changed direction due to the removal and replacement of the boundary, agreements between predecessors of property and various other factors.
Further difficulties arise when people rely on Land Registry plans. These plans are drawn generally and are not intended to determine boundaries. They are also drawn with thick lines separating the properties and therefore the boundary cannot be ascertained correctly. A width of a line on a plan can equate to several metres on the ground.
The approach to take to resolve this type of dispute will usually involve instructing a surveyor to facilitate a settlement. In higher value and/or more complex cases legal advice is desirable and it will probably be necessary to instruct a land surveyor with experience of boundary disputes. We are able to make recommendations.
Where a disputed boundary has been in place for many years the dispute usually turns into an adverse possession case.
Litigation through the Courts should always be a last resort. Particularly in residential situations, boundary disputes can be extremely stressful. Often even after the dispute has been resolved, the parties will need to continue residing next to each other.
We are able to provide advice in relation to your boundary whether that be initial advice or pursuing your case through the Courts. Please give us a call on 0161 833 0044 or email email@example.com