Boundary Disputes

Boundary disputes can arise over the smallest thing, but can escalate into dramatic and uncomfortable situations. Sometimes, a dispute can be resolved by talking to your neighbour about the problem, but in other cases, things can become heated. Dealing with a boundary dispute can be stressful, as you might feel you can never get away from the problem. If the dispute escalates, or your neighbour becomes abusive or aggressive, this can make the problem worse. Unfortunately, this is common when boundary disputes are not handled effectively.

If you cannot reach an agreement with your neighbour and are concerned about a boundary dispute, speak to the team at Clough & Willis Solicitors. Our experts can advise you on the legal steps that are available to you, forms of alternative dispute resolution that might bring the matter to a close, and what you can do if your neighbour becomes aggressive or escalates the dispute.

If you are in a dispute with a neighbour and you need support, contact our boundary dispute solicitors today. Call us on 0800 083 0815, or fill out our online enquiry form and we will call you back at your convenience. 

Reasons for boundary disputes

Disputes can occur for a number of reasons and often first arise following the sale of a property to a new owner. New residents may have a different concept of what is acceptable in terms of property boundaries, causing disagreements over issues the previous occupier had no objection to.

Rows regarding the boundaries of a property can be varied. A simple example is a neighbour wishing to remove a hedge and put up a new boundary fence in its place. You may be worried about:

• Who has responsibility to pay for and maintain it;
• Where the exact boundary line lies in relation to the hedge; and
• Where exactly the fence should go relative to the boundary line and your property.

This is only one example. Whenever a neighbour makes changes to their property on or near the boundary, there is a risk of a dispute arising. This might be due to the risk of them crossing the boundary into land that you own, a new structure overhanging or blocking your view, or the purpose for which they want to make the change.

Whatever the reason for the dispute, if you are concerned about a neighbour encroaching on a legal boundary line or facing another type of boundary dispute, contact our team today. The sooner you act, the more quickly we can bring the matter to a resolution - and with our help, clients are often able to avoid potential disputes before they arise, and prevent any ill feeling from arising between them and their neighbours.

Boundary disputes and home extensions

An increasing number of boundary disputes concern the building and extending of homes. The rate at which new homes are built is increasing, and the popularity of home extensions, conservatories and other structures has never been higher.

In these cases, boundary disputes may concern issues such as:

• Where exactly the boundary lies
• Whether a new building can go right up to the boundary
• Whether the proposed or completed work interferes with an existing boundary structure, such as a wall
• Whether the proposed or completed work blocks access to certain parts of the neighbouring property
• Whether the proposed or completed work would only be accessible by crossing the boundary line

These are only a few examples - each boundary dispute differs in terms of its cause, the specifics of the situation and the solutions that may resolve it. As such, it is vital to work with a solicitor who understands these complexities and can examine the situation in thorough detail. In this way, they can propose the most practical solution that will offer you the best possible result.

How can Clough & Willis help?

The team at Clough & Willis has a wide range of expertise in dispute resolution, and property boundary disputes in particular. The first stage will be to look at your title deeds for your property. These may contain copies of old conveyances or leases with plans drawn to scale, and the measurements in these documents can be vital in establishing where boundaries lie. Thanks to our knowledge in this area, it will usually be a simple matter to determine where the legal boundary of your property lies.

If this information is not available, we can access the plan held at the Land Registry to determine where the boundary lies. From there, we can discuss your concerns and outline the options available to you to resolve the dispute. If necessary, we can represent you in court, gather the evidence you need and build the strongest possible case to support you.

Disputes with neighbours, particularly as to boundaries and rights of way, are matters a vendor is required to disclose to a prospective purchaser of their property. It is therefore very important such situations are resolved as quickly and amicably as possible. If this information was not disclosed to you when you purchased the property, we can help you to take action against the vendor who failed to uphold this responsibility.

It is vital to take action early in these cases, as prompt intervention and legal advice often resolves matters before they escalate into disputes, and before there is any risk of ill feeling arising between neighbours. There are several types of alternative dispute resolution that can result in a compromise between the parties, leading to a successful outcome for all involved.

FAQs about boundary disputes

What causes boundary disputes?

As we have described above, there are many types of boundary disputes. However, the most common cause of this type of dispute is a lack of communication. It is rare that a neighbour acts with the intention to encroach on your border and break the law. Many potential disputes can be addressed by talking privately with your neighbour about your concerns. This should be your first step in trying to resolve land boundary disputes.

Another factor that can lead to a dispute (or cause it to get worse) is failing to speak to a solicitor early enough in the process. If you miss any early opportunities to raise legal objections to a neighbour’s plans or wait until they have built a new structure before taking action, it can be far more difficult to address the problem. This can also cause much more significant ill will between parties to this type of dispute.