Where a dispute arises with a neighbour about a boundary, we know that you need clear, direct and pragmatic advice on what can often be sensitive, complex and distressing issues. Failing to resolve a boundary dispute successfully can lead to a falling out with your neighbour or difficulties when trying to sell your home.
The most common boundary disputes occur when:
- The Position of the Boundary is unclear
Uncertainty about the position of the boundary often arises because title plans will very often show the general boundary to your property rather than a definitive boundary. In addition, boundary features such as a fence, wall or hedge can deteriorate; hedges can grow in all directions, walls and fences may fall down and sometimes there is no boundary feature at all.
Alternatively, neighbours can disagree about whose land the boundary feature is built on, whether the boundary feature is a shared responsibility or whether the boundary feature was built in the correct position at the outset.
- A neighbour moves the boundary fence, hedge or wall
Instead of talking to a neighbour about making changes to the boundary, it is not uncommon for a neighbour to take matters into their own hands by physically moving the boundary fence, hedge or wall.
Very often this occurs despite the boundary feature being in situ for a number of years. It can also occur where a homeowner is building an extension up to the boundary.
If you do have a dispute with your neighbour then we would recommend:
- Talking to your neighbour in an appropriate manner that does not inflame the situation
- Obtain the relevant title documents from the Land Registry – many of which are available to download from their website, review the documents provided to you when you bought the property including any historical title deeds and forms completed by the previous owner. All of these may provide the answer
- Speak to a solicitor in the Dispute Resolution team at Sintons who will combine their expert technical knowledge with a practical approach in order to provide you with comprehensive advice and a tailored solution
For more information about our expertise and how we could help you, please contact us.