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Boundary Disputes

Boundary disputes are unfortunately all too common, and can be very distressing for those involved. If a neighbour starts to encroach on your land, or if you have a concern over a shared wall or barrier that is not being addressed, then you may want to take legal action to resolve the problem.

Common Types of Boundary Dispute

The most common types of boundary dispute include:-

1. Ownership Disputes

An ownership dispute relates to a disagreement over where exactly the boundary line between two property’s lies. In such a case, it is necessary to establish who owns the disputed land. This can usually be achieved by looking at the legal documents, which should mark out the boundary lines of each property.

However, while this is usually conclusive it is possible that such documents comprise of either confusing legal descriptions, or detail different demarcations of the boundary line altogether. This is particularly true of older documents that set down the boundaries between land with monuments such as trees and hedges, which over time may move or disappear completely.

If the legal documents fail to shed light on the issue, then the other option is to have a land survey done by a licensed surveyor.

2. Barrier Disputes

Barrier disputes usually arise from one of two issues: either there is a disagreement over planning permission for a fence, wall, trellis, railing or any other kind of barrier which divides two properties, or there is question over ownership of the barrier, and thus who must maintain it.

Where ownership of the barrier is concerned, this can be established by the same means as other boundary disputes – namely by addressing the legal documents, or if this fails to resolve the problem then a surveyor may be required.

Once this has been established, the neighbour found to own the barrier can use it as they wish as long as it is safe. The other neighbour has no rights over the barrier, and must gain permission if they want to use it (for example, to grow plants against a fence).

In terms of upkeep, the neighbour who owns the barrier is not obliged to carry out any kind of maintenance work unless:-

• There is a clause in the title document or lease;
• The property is next to a street and may cause danger;
• The land is used for dangerous purposes, such as storing chemicals;
• A barrier is necessary to prevent animals from straying (although this is not applicable to domestic animals).

However, if the barrier is not maintained and it does cause damage or injury, a neighbour is perfectly entitled to make a legal complaint.

3. Party Walls Disputes

Walls which stand across the boundary of land owned by different parties, or walls which are used to divide separately owned buildings, are another popular cause of neighbour dispute.

Party walls are subject to numerous rules, the main regulation being that if an owner intends to carry out any structural work on the wall, then the neighbour must be informed. A neighbour is then permitted to object, or if an agreement is given, this may carry specific stipulations such as time limits, compensation, and temporary protection for the building.

What Action Can You Take?

If a boundary dispute arises, the first thing to do is to talk to your neighbour. It may be that there was a misunderstanding, or that a resolution can be reached amicably.

However, often a situation can spiral out of control, and a dispute can turn bitter very quickly. It is in cases such as this that legal intervention may be necessary, as often the feud has gone so far that the two parties are unable to resolve the problem between them. A legal expert will be able to advise you upon your boundary dispute, and can help you decide what action, if any, you would like to take.

Bounday Disputes Enquiries

To find out more about making a professional negligence claim, please call us free on 0800 068 3242 or complete a Quick Enquiry and we will be in touch with you.