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Home / Expertise / Dispute resolution / Boundary Dispute Solicitors

Boundary Disputes Solicitors

Resolve your boundary disputes with expert solicitors. We will work with you to efficiently resolve your dispute, without causing any unnecessary anxiety as well as operating as cost effectively as possible.

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What is a boundary dispute?

Boundary disputes occur when two or more parties disagree about the boundary line between two properties. 

Property boundary disputes

Boundaries are often marked by fences and hedges. However, these don’t class as legal, physical features that define a boundary, as they can be moved over time.

If you’re facing boundary disputes with your neighbours you can check the boundary in your title deeds, which can be obtained through HM Land Registry. However, these aren’t always that clear, and in some instances, only represent a general idea of the position. If this is the case, we recommend obtaining the help of a solicitor, as they can commission a surveyor to assess the boundaries of your property. Aerial photos, title deeds, agreements between neighbours, and plans against historical documents will also be used to determine this.

Adverse possession

During a property dispute, adverse possession can occur. This can happen even when a boundary line is clearly marked in a title deed, but is no longer valid, as a result of adjustments being made to the boundary line, due to the historic enclosure of the area. 

If an individual who wasn’t the original owner of the property has continuously occupied the property for certain periods of time while fulfilling other legal requirements, they may be able to gain ownership through adverse possession. 

However acquiring land through adverse possession has increased in difficulty since 2003, when a substantial change in the law took place. 

When purchasing a property, if you’re concerned about a potential dispute in the future, you should contact a property litigation solicitor to help you with this. At Wright Hassall, our property litigation solicitors are here to help.

Land boundary disputes

Land disputes occur when two people believe they have the right to access or own the same land. The biggest reasons for land boundary disputes include:

  • One party has built an extension.
  • There is an outbuilding where another person believes it belongs to them.
  • There’s a fence or wall where another person believes it belongs to them.
  • A sale is pending, and an issue has been raised in the pre-sale enquiries. 

Boundary wall disputes

 The responsibility for your walls or fences may be shown in the title deed. However, this isn’t always shown clearly. 

The Party Wall etc Act 1996 mainly applies to major alterations to properties. The Act governs structural changes made to shared walls that could affect adjoining properties, ceilings and outdoor boundaries. If you or your neighbours are planning to undertake renovations that impact a shared wall, obtaining advice from a solicitor is recommended to ensure compliance is kept.

Why choose Wright Hassall?

At Wright Hassall, our team of boundary dispute solicitors have years of experience in helping property owners navigate and resolve disputes efficiently and successfully. 

We’ll work with you to understand the complexity of the problem and your ideal situation to identify the best actions moving forward, in line with your objectives. 

Get in touch with us today to resolve your boundary dispute.

FAQs

  • Can you sell a property with a boundary dispute?

    While it’s possible to sell a property during a boundary dispute, it’s important that you disclose this to the potential sellers. But this could affect the sales process.

  • What different types of boundary disputes are there?
    • Encroachment - This is when a fence, wall or other feature extends onto your neighbour's property.
    • Adverse possession - This refers to a claim of land due to continuous use of land without the owner's permission for a certain period of time.
    • Easement disputes - This refers to disputes about the right to use another person's land for a specific purpose. These can be expressly stated in a document or acquired over long use.
    • Undefined boundaries - This is when a dispute occurs as a result of unclear or uncertain descriptions of property lines. This usually occurs due to a lack of documents, changes in ownership or errors in mapping.
    • Rectification- This occurs when there is an error in the deeds or title documents that needs to be addressed. The error may have gone unnoticed for years until someone notices a deficiency in the deeds or title documents.
  • Who pays for a boundary dispute?

    The costs of a boundary dispute may be ordered to be paid by the losing party. This could include the winner's costs, subject to the application of the relevant HMCTS rules. This usually happens when the dispute is taken to court or Tribunal. However, the Court or Tribunal can depart from the general rule, subject to the behaviour of a party to the dispute.

  • Is there a time limit on boundary disputes?

    The time limit on boundary disputes will depend on the individual case. Our team will be able to help guide you through the process. Get in touch to see how we could help you.

  • I don’t have my deeds, how do I get them?

    If you do not hold your deeds or title documents, you should ask the conveyancing solicitor who acted for you in the purchase. If they are unable to assist then you can attempt to secure “official” version of these from HM Land Registry, who will charge you a relatively modest administration fee to provide you with copies. Further information can be found at: https://www.gov.uk/search-property-information-land-registry

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