Tag: property litigation

A blog by our Head of Property Litigation, Daniel Stern

Boundary disputes can occur no matter the property – both residential and commercial. If there is some disagreement between yourself and a neighbour about the exact dividing line between your property and theirs, a property dispute can arise. These disputes are infamous for being lengthy, confusing, and costly, usually because they require in-depth research into the surrounding land and past deeds to the property, amongst other documents, and they can also lead to increased tensions between neighbours which grind negotiations to a halt. It doesn’t have to be that way though; with a team of highly experienced property dispute solicitors at your side, you can often find a suitable resolution to any dispute.

But where do you begin, and what does the process look like? Keep reading to find out.

What is a boundary dispute?

A boundary dispute is a disagreement between two parties (usually neighbours) about the exact placement of boundary lines between one property and another. This could be anything from a garden fence, joining fields, shared walls, or private roads and pathways that might cross over your neighbour’s land. An individual may raise a dispute for several reasons, such as protecting personal property or for the purpose of leisure activities or even for access to certain land or property. If one property is used for commercial purposes, this can make the process even more complex.

A boundary dispute can arise from any number of situations, these include:

• Building a new extension or conservatory
• Repairing, replacing, or installing fences, walls or pathways
• Allowing adjoining walls or fencing to fall into disrepair
• Planting new trees, hedges and overhanging foliage or allowing these to overgrown
• Changing property ownership
• Constructing new structures such as sheds, summer houses or greenhouses

It is not just these elements overstepping or encroaching on a boundary line that can cause issues; if a new extension blocks sunlight into your neighbour’s garden or windows, for example, this can infringe on the right to “air and light” that exists in many title deeds.

What kinds of boundary disputes are there?

There are three main types of boundary disputes:

• Encroachment: The gradual or discreet entrance into someone else’s territory or upon their rights; this could be the gradual movement of a wall or fence or an overgrowing hedge or tree. This can include various activities across the boundary line.
• Trespassing: The occupation or interference with another person’s land. This could include squatting, dumping rubbish or storing anything on land that doesn’t belong to you.
• Right of way: These occur when a business or an individual assumes the land they were using for access is within their boundary. The issues then arise when the actual land-owner asserts their right over the land, for example, by restricting access. Learn more about right-of-way disputes.

How do you go about handling a boundary dispute with a neighbour?

There are many actions you can take in order to resolve a dispute, and these vary greatly in severity. The four main options are conversation, mediation, arbitration and litigation.

Conversation is as simple as it sounds. An open and honest conversation with a neighbour may be all it takes to reach a resolution or compromise. It’s always best to start here, even if a solution doesn’t present itself. Knowing where your neighbour stands and understanding their point of view can be crucial if you decide to pursue further action.

Mediation is the process through which an independent third party joins a discussion between yourself and your neighbour. They will guide the conversation and try to lead both parties to an amicable result, providing legal insight where appropriate. Nothing in this process will become legally binding until both parties agree. This way, the control rests securely in the hands of yourself and your neighbour without the involvement of the courts, which can be drawn out and costly.

Arbitration is similar to mediation, but the end result, rather than being generated by the two parties coming to an agreement, the end result is generated by the third-party mediator who listens to both parties and comes to their own conclusion. Suppose one or both parties are refusing to compromise with the other. In that case, arbitration is a great way to create a solution that is more objective and removes the heated emotions that either party may be feeling. If the arbitrator is trusted by both parties, this can function as a way to resolve a conflict without having to take it to court.

Litigation is the most severe course of action and should only be seen as a last resort. It involves raising the dispute in a court of law, where the outcome is decided by a judge. In litigation, all arguments and claims require substantial evidence, including historical documents, ordinance survey maps, satellite imagery, or reports from a chartered surveyor. This is where Slater Heelis’ expertise shines, as our team can ensure the strongest possible case. However, considering the time-consuming and costly nature of litigation, it’s essential to evaluate whether the potential gain outweighs the cost, especially when the dispute revolves around small, seemingly inconsequential pieces of land used for leisure or access.

At Slater Heelis, our property litigation solicitors have years of experience in effectively and efficiently resolving boundary disputes. So if you are concerned about an ongoing or potential dispute with a neighbour, we strongly recommend getting in touch with our team to discuss your options.

If you’d like to contact Daniel Stern, click here. Otherwise, you can reach us at 0330 111 3131 or by filling in our contact form.