Boundary Disputes
As property owners, the onus to ensure all boundaries are in the correct position lies with us. As Lord Justice Gibson once said, ‘There are few disputes that raise passions more than boundary disputes’.
There are a number of ways to try and ascertain the exact position of a boundary. Usually the easiest, quickest and least expensive is where both neighbours agree to jointly instruct a suitably qualified surveyor and agree to abide by his decision. Sadly situations such as these are rare, as frequently tempers have frayed long before legal advice is sought.
If an agreement cannot be reached informally, there are two main options open to property-owners. Firstly, an application may be made to the Registrar at Her Majesty’s Land Registry to determine a boundary or for rectification of any mistake made when the properties were registered. If this is not agreed by your neighbour it is likely to be referred to the Adjudicator to the Land Registry to resolve by way of full hearing.
Your final option would lie with the County Court. An application may be made for a Judge to determine the precise location of a disputed boundary. Such an application may also include a claim for damages for nuisance or trespass, as the case may be.
Although recent changes in the law mean that it is now very difficult to claim ownership over another’s land simply by effluxion of time, if you believe your boundary has been in the incorrect position, to your neighbours benefit, for at least the last ten years, it is imperative that action is taken to preserve your rights.
Ultimately we understand that whilst it is important to protect your legal rights, it is equally important to try and maintain civil relations with your neighbour wherever possible, as after all, you may have to live next door to them for many years to come.
If you have a Boundary Dispute upon which you need advice please contact:
Hayley Garnett at Heptonstalls LLP on 01405 765661