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Boundary disputes can be both stressful and complicated, especially when they arise between neighbours. If you find yourself in such a situation in England and Wales, it’s essential to approach the issue methodically. Here are the initial steps you should consider from a legal standpoint:
1. Determine the Nature of the Dispute
Evaluate the specifics of the dispute. Is it about the exact position of the boundary, encroachment or rights of way? Understanding the nature of the issue can help in determining the best approach to resolving it.
2. Gather Evidence
Collect all relevant documents that pertain to your property boundary. This may include:
– Title deeds: These legal documents outline the boundaries of your property.
– Land registry maps: You can obtain an official copy of your property’s title from the Land Registry.
– Historical evidence: Old plans, photographs or any correspondence indicating the boundary can be useful.
– Witness statements: Neighbours or long-term residents may provide insights about boundary usage over time.
3. Check the Land Registry
Verify the official boundaries of your property as recorded by the Land Registry. This can help clarify any legal boundaries and may serve as a strong piece of evidence in your favour. Bear in mind though the Land Registry plans are often drawn to a very small scale and as a result it may be difficult to make and determination as to location.
4. Communicate with Your Neighbour
Before escalating the matter, it’s advisable to have a conversation with your neighbour. An informal discussion can sometimes clear up misunderstandings and lead to a resolution without further conflict. Document these discussions and any agreements made.
5. Engage Surveyors If Necessary
If the boundaries are still in dispute after informal discussions, you may need to hire a professional surveyor. A qualified surveyor can help determine the accurate boundary line based on legal documents and physical evidence.
6. Seek Legal Advice
If discussions with your neighbour do not resolve the problem, consult a solicitor who specialises in property law. They can provide guidance based on your specific circumstances and will help you understand your rights and options.
7. Attempt Mediation
Consider mediation as a means of resolving the dispute amicably. Mediation involves a neutral third party (often a solicitor or surveyor) who can facilitate discussions and help both sides find a mutually agreeable solution. It does however require both parties in the dispute to agree to this step.
8. Consider Legal Action
If all else fails and the dispute is significant, it may be necessary to pursue legal action. This could involve applying to the Land Registry for a determination or taking your case to the county court. Your solicitor can guide you through this process and help prepare any necessary legal documents.
9. Document Everything
Throughout the process, it is essential to keep detailed records of all communications, agreements and evidence related to the dispute. This documentation will be crucial if legal action becomes necessary.
Conclusion
Boundary disputes can be intricate, but taking these first steps can help you navigate the situation effectively. By gathering evidence, communicating openly, seeking legal and surveyor’s advice and exploring the possibility of mediation, you may be able to resolve the dispute without resorting to litigation. However, always be prepared to pursue legal remedies if necessary, as protecting your property rights is paramount.
This blog was prepared by Alexander JLO’s senior partner Peter Johnson on the 19th February 2025 and is correct at the time of going to press. Peter Johnson is the Senior Partner of Alexander JLO. He has over 40 years’ experience in the areas of Family Law, Company & Commercial, IT & Intellectual Property, Landlord and Tenant Law, Employment Law and Litigation working as a Senior Solicitor.
Peter’s profile on the independent Review Solicitor website can be viewed here.