2020-02-17
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What is a boundary dispute?

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Posted by Mary Rouse on 28 October 2013

Mary Rouse - Property Litigation Lawyer
Mary Rouse Partner

A boundary dispute is a dispute between the owners or occupiers of at least two neighbouring properties. A boundary dispute may take many forms. Often it is simply a dispute relating to the position of a boundary.

Usually someone will argue that a physical marker, such as a fence, hedge or wall is in the wrong place. This will often cause the other person to argue that the other is trespassing because they have encroached beyond the boundary line.

If the boundary has been in the wrong place for over 10 years, it is possible that one party may try to argue that, by long use, the additional land has been acquired by adverse possession.

It is not uncommon for a boundary dispute to form part of a larger claim. For example, someone may argue their home is being damaged or their rights interfered with because of tree branches or roots encroaching upon their land.

Alternatively, a recent construction may interfere with some rights associated with their home; whether those are rights of way (relating to a driveway) or rights of light (such as light entering through a window). There are many possible ways neighbours could become embroiled in a boundary dispute.

About the author

Mary Rouse

Partner

Mary is an experienced property litigation lawyer.

Mary Rouse

Mary is an experienced property litigation lawyer.

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