Typically, a boundary dispute will arise if there is a misunderstanding over where the boundary is located. This is usually when a wall, driveway or fence is moved or replaced.
In the case of a boundary dispute Jarmans would always recommend obtaining legal advice as you could possibly find yourself in Court.
Becoming embroiled in a boundary dispute without legal advice can sometimes lead to situations where the costs of a Court case are more than the land in dispute is worth. Added to this there is the potential of unwanted acrimony between neighbours and ultimately this may require compromise on both sides.
It’s important to remember that the longer a dispute goes on, the more acrimonious it will become. The preferred end result is that all neighbours are happy and can continue living in their properties, so Jarmans would always recommend calm and amicable communication from the outset. Mediation needs to be considered at the outset.
The first point of action will be to look at Land Registry plans, although they do not provide definitive answers, however it is worth remembering they may lack sufficient detail given the scale used. The pre-registration deeds covering the properties involved in the dispute should be investigated wherever possible. Old photographs, physical evidence and expert evidence should all be considered.
When you go and view your new home it’s worth checking to see if there are any overhanging buildings/structures, or if the fence is in an unusual position. You should also check with your solicitor to see what is and isn’t included in the deeds.
If you are unsure about any legalities or representation connected with a property purchase, please contact our highly experienced conveyancing team (make-a-free-enquiry).
If your dispute finds its way to Court or the First Tier Tribunal (Property Chamber), it could be extremely expensive for both sides, which may make your relationship with your neighbours untenable.
Jarmans Solicitors will always attempt to resolve your dispute through a sensible and pragmatic manner.
If you have found yourself caught in a boundary dispute and would like legal advice and representation, please contact our team today on 01795 472291 or email email@example.com
Dealt very professionally with our sale as conveyancer’s. Special thanks to Jeni Niven who was very helpful throughout and seemed to be available 24 hours a day when emailed she always promptly responded.
Excellent service here. Needed a one off legal document and they were able to accommodate us the next day. We were given good advice. Highly recommend.