Boundary disputes have the potential to swiftly turn friendly neighbours into adversaries. Whether the disagreement arises over a misplaced fence, a shared driveway, or even just a few inches of land, these conflicts often evoke strong emotions and can become contentious. However, there are several steps property owners can take to resolve such disputes without escalating tensions or resorting to litigation.
What is a Boundary Dispute?
A boundary dispute is a disagreement that arises between the owners or occupiers of neighbouring properties. Often, a boundary dispute will arise when one party constructs a wall or a fence or plants a hedge, therefore defining a boundary line, which the other party disagrees with. Other triggers for a boundary dispute can be where one party submits plans for an extension or conservatory or similar construction.
What are your Your Legal Rights Regarding Boundary Disputes?
The first and most crucial step in resolving a boundary dispute is understanding your legal rights. Boundary lines are not always as clear-cut as they might appear, particularly if the properties in question have changed ownership multiple times or if fences have been repositioned.
Why is it Important to Review Your Property Deeds when there is a Boundary Dispute?
It is essential to review your property deeds and consider hiring a surveyor to ascertain the precise boundary. While title plans available from HM Land Registry are helpful, it is important to note that the boundaries shown on these plans are not definitive. They provide a general boundary only, which may not be sufficient for resolving disputes.
How Can Professional Surveyors Help in Boundary Disputes?
If you cannot conclusively determine your property boundary, or if your neighbour disputes your findings, a professional surveyor can assist. Surveyors will examine the available title deeds alongside historical images and any physical features on the ground to establish the correct boundary.
Why Effective Communication with Neighbours is Important when there is a Boundary Dispute
Open communication with your neighbour is often the most effective way to prevent disputes from escalating. In many cases, misunderstandings or outdated information can be cleared up with a respectful conversation or by sharing the surveyor’s findings.
How can Mediation be a Practical Solution to Boundary Disputes?
When direct communication proves unsuccessful, mediation is an excellent next step. A neutral third-party mediator can facilitate discussions between both parties and help reach an amicable agreement. In our experience, boundary disputes are frequently resolved through negotiation or alternative dispute resolution methods, avoiding the need for costly and time-consuming litigation.
When Should you Consider Legal Action if you have a Boundary Dispute?
Should all else fail, legal action may be the last resort. However, property owners should be aware that litigation can be both expensive and stressful, often dragging out the dispute for months or even years.
Proactive Steps to Resolution of a Boundary Dispute
Taking proactive steps to resolve boundary disputes early, whether through communication, professional surveys, or mediation, can save significant time, money, and preserve neighbourly relations. In all cases, addressing the matter swiftly and amicably is key to maintaining peace of mind.
Start by reviewing your property deeds and boundaries. If necessary, hire a surveyor to confirm your findings. Open a dialogue with your neighbour to discuss your concerns.
A surveyor can provide a professional assessment of your property boundaries by examining title deeds and physical evidence on the ground, helping to clarify any discrepancies.
Mediation involves a neutral third party who facilitates discussions between disputing neighbours to help them reach a mutually agreeable solution without going to court.
To prevent future disputes, maintain open communication with your neighbours about property boundaries, and consider having a survey conducted if you plan to make changes that could affect shared boundaries.
Legal action can be expensive, with costs including solicitor fees, court fees, and potential surveyor costs, often running into thousands of pounds.
By implementing these strategies and understanding your rights, you can navigate boundary disputes more effectively and maintain positive relationships with your neighbours.
For more information on the services we offer please contact our Dispute Resolution team on 01924 290 029
Alternatively contact any of our team on the numbers below for more information or to make an appointment. Call us today or ask us a question using our online enquiry form.
Contact Us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
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