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Boundary Disputes

Most properties these days are registered with the Land Registry. However, the vast majority of the boundaries shown on these registered titles are imprecise. The result is that boundary disputes often arise between neighbours as to where one property ends and another begins. To resolve these problems it is usually necessary to refer to other matters such as old title deeds, maps, photographs and features at the property such as fences or hedges. Caution has to be applied when looking at physical features on the ground such as fences as these can be the source of the confusion. A fence or a hedge may have not been put in the right place and so is the cause of the confusion as to where the true boundary lies. Also sometimes evidence from local residents who have lived at the properties in the past or have lived nearby can be of use.

Once a boundary dispute has been resolved then it is usual to lodge documentation at the Land Registry clarifying the position of the boundary. This is usually done by way of a very detailed map or plan possibly with measurements and angles of where the true boundary lies.

In some instances it can be possible for a piece of land to be acquired. This is often known as adverse possession or squatters' rights. If the land is unregistered then a 12 year period is applied. Where the land is registered the time period is 10 years.

Rights of way such as common driveways or entrances and paths across land can be a source of problems. The right of way as originally set out may well now be used in a different way with perhaps increased traffic or vehicles instead of pedestrians. Alternatively, a right of way may not have been used for a number of years and questions can arise whether it has "lapsed".

Call us today on 0845 603 3273 to discuss with us how we can help if you have a boundary dispute.

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