Boundary disputes are one of the most common types of neighbour dispute that readily arise when two people believe they have the right to a piece of land, no matter how trivial or de minimis this land may be.
Boundary disputes are often resolved by instructing an expert who will consider the Land Registry Deeds and historic evidence provided. Once you have your evidence you can then enter into pre-action correspondence or mediate to resolve the matter. Of course, it is not uncommon to find one expert who agrees with your interpretation of the boundary and your neighbour could find an expert who agrees with their interpretation of the boundary.
Many boundary disputes can be resolved amicably without the need to issue Court proceedings and as with all types of disputes, Court action should be a last resort.
It is important to point out that boundary disputes can become very stressful and may last a number of years before a resolution is found. It is advisable to seek specialist advice from a solicitor who can thoroughly advise you upon your position before entering into costly litigation or making any alterations to your boundary that could later place you in the centre of a boundary dispute.
Land Registry plans
Many individuals rely heavily upon their Land Registry plans to dictate where the boundaries of their properties lie. Whilst this is a helpful indicator, Land Registry Plans are not drawn to specification and rather, are drawn generally and not intended to determine boundaries. The Land Registry plans also have thick lines separating the properties, which can equate to several metres on the ground.
Therefore, boundaries cannot be ascertained correctly from this documentation alone and historical evidence, such as historical features on the ground or old photographs are key to resolving such disputes.
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