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Boundary Disputes


Our property dispute solicitors can help you with your boundary dispute.

What are Boundary Disputes?

A boundary dispute arises when two or more parties disagree over the location, ownership, or use of a boundary line or structure. This can include fences, walls, hedges, or even driveways. These disputes often occur when property boundaries are unclear, unregistered, or when changes to the land—such as construction or landscaping—lead to encroachments.

Boundary disputes are a common source of tension between property owners in the UK. Whether you’re a homeowner, a landlord, or a tenant, understanding the causes, resolution processes, and legal implications of boundary disputes can save you time, money, and stress.

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How Can I Resolve A Boundary Dispute?

Resolving a boundary dispute begins with understanding the property lines. Start by reviewing your property’s title deeds, plans, and any historical documents. These should provide an initial indication of the boundary lines. For a more precise determination, a chartered surveyor can help determine the exact boundary using maps, measurements, and other tools. Their findings can provide a neutral basis for discussions.

In many cases, open and respectful communication can resolve the issue without the need for legal action. By discussing your concerns and seeking a compromise, you may be able to prevent the situation from escalating. If direct communication fails, consider mediation. A neutral third party can help both sides reach an agreement, avoiding the costs and stress of court proceedings.

If ADR is unsuccessful or you require assistance with the process, our solicitors can help with all the above. They can advise on your rights and represent you if the matter proceeds to Court. It is vital to get legal advice as soon as possible rather than let any dispute get out of hand or positions become entrenched.

As a last resort, you can take the dispute to Court. A judge will review the evidence and make a legally binding decision. However, this process can be costly and time-consuming.

Common Causes of Boundary Disputes

Unclear Boundary Lines

Many older properties in the UK have vague or poorly defined boundaries in their title deeds.

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Encroachments

Extensions, fences, or garden structures built close to or over a boundary line.

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Adverse Possession

When one party claims ownership of land through long-term occupation.

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Shared Access

Disagreements over rights of way or shared driveways.

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Maintenance Responsibilities

Confusion over who is responsible for maintaining a boundary structure.

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Things To Consider When Making A Boundary Dispute Claim

  • Land Registry
    The Land Registry holds records of registered properties and their boundaries. However, these records are not always definitive.
  • Adverse Possession
    Under UK law, someone can claim ownership of land if they have occupied it without the owner’s permission for a specific period (usually 10 or 12 years depending on whether the land is Registered or Unregistered).
  • Party Wall Act 1996
    This legislation governs work on shared walls and structures, requiring neighbours to give notice and, in some cases, agree to the work.

Preventing Boundary Disputes

Clearly Define Boundaries

Ensure your property’s boundaries are accurately recorded and registered.

Maintain Good Relations

A friendly relationship with neighbours can prevent minor issues from escalating

Document Changes

Keep records of any agreements or changes to boundary structures.

Seek Professional Advice Early

Speak to a solicitor at the first sign of a potential dispute as matters may escalate.

Why Use Thomas Harvey?

Our team of property dispute solicitors specialises in a wide range of property disputes, including boundary disputes, landlord and tenant disputes, construction disputes, breaches of contract, and more. Whether you’re an individual homeowner or a corporate client with a large property portfolio, we have the expertise to handle your case.

With years of experience in handling property disputes, we have a deep understanding of property law and its intricacies. Our lawyers’ expertise, combined with their commitment to achieving client satisfaction, makes us a trusted choice for property dispute resolution.

Our Approach To Boundary Disputes

STEP 1
Case Evaluation

We start with a comprehensive evaluation of your case to understand the specifics and determine the merits of your claim. This involves gathering all relevant information and evidence to establish a clear picture of the situation.

STEP 2
Diligent Preparation

Once we have evaluated your case, we meticulously prepare by assembling a strong foundation for your claim. This includes gathering detailed documentation, consulting with experts if necessary, and formulating a strategic plan tailored to your unique circumstances.

STEP 3
Robust Representation

With thorough preparation in place, we provide robust representation to advocate for your interests. Our property dispute solicitors are committed to fighting relentlessly on your behalf, whether through negotiation, mediation, or litigation, to achieve the best possible outcome for your case.

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Our approach to handling contract disputes involves a thorough evaluation of the case, diligent preparation, and robust representation.

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