Boundary & Property Disputes

A disagreement over where your property ends or how neighbouring land can be used can quickly become stressful.

Boundary and property disputes can affect homes, businesses, farms and development land. They can also damage relationships between neighbours if they are not handled carefully.

WSP’s property dispute solicitors advise on boundary disputes, rights of way and other disagreements involving land and property.

What property disputes can we help with?

We can advise on disputes involving:

• Property boundaries
• Fences and walls
• Encroachment
• Rights of way
• Easements
• Access to land
• Trespass
• Adverse possession
• Party walls
• Neighbouring building work
• Interference with property rights
• Property ownership issues

How do I establish where my legal boundary is?

One of the first steps in a boundary dispute is understanding the available evidence.

Relevant material may include:

• Land Registry title documents
• Historic conveyances and deeds
• Plans
• Physical features on the ground
• Photographs
• Correspondence between owners
• Evidence concerning historic use
• Evidence from previous owners
• Surveyor evidence

A dispute should therefore rarely be approached by looking at one document in isolation.

Does the Land Registry title plan show the exact boundary?

Not necessarily.

That is an important distinction for clients who assume that a line shown on a title plan automatically identifies the precise legal boundary.

Where the position is unclear or disputed, the title documents need to be considered alongside other available evidence.

This should be done before moving a fence, starting building work or taking another step which could escalate the dispute.

My neighbour has moved a fence. What can I do?

The first issue is establishing whether the fence reflects the legal boundary.

Gather any title documents, photographs, correspondence and evidence showing the historic position before taking action.

It can be tempting to move the fence back immediately, but obtaining legal advice first may prevent the dispute becoming more difficult and expensive.

What is a right of way dispute?

A right of way may give someone a legal right to pass over land belonging to somebody else.

Disputes can arise about:

• Whether a right exists
• The route it follows
• Who can use it
• How it can be used
• Whether access is being obstructed
• Whether the nature or intensity of use has changed

WSP’s existing property dispute content already identifies disputes where access has been blocked or restricted as a matter the firm handles.

What is adverse possession?

Adverse possession concerns circumstances in which someone who has possessed land they do not legally own may seek to establish rights over it.

These cases are fact-sensitive and the legal position differs depending on the land and circumstances.

If someone is occupying part of your land, or you have used land adjoining your property for a significant period, obtain advice rather than assuming ownership has automatically changed.

What should I do before starting a boundary claim?

Try to preserve the evidence.

In particular:

• Keep deeds and plans
• Take dated photographs
• Save correspondence with your neighbour
• Avoid altering potentially important physical features
• Record what has happened
• Locate any historical photographs
• Identify previous owners or other potential witnesses
• Consider whether specialist surveyor evidence may be needed

Most importantly, establish what you are actually trying to achieve.

Sometimes restoring access or agreeing a permanent boundary is considerably more valuable than simply proving a neighbour wrong.

Can boundary disputes be mediated?

Yes, mediation can be used to resolve neighbour, land and property disputes. Government guidance says mediation is confidential and usually quicker and cheaper than going to court. [gov.uk]

That can be particularly valuable in boundary disputes because neighbours may continue living alongside one another after the legal disagreement ends.

Can you stop neighbouring building work?

Some circumstances may require urgent legal advice, particularly where work is underway or imminent.

Whether court intervention is appropriate will depend on the rights involved, the proposed works and circumstances.

Contact us promptly if you believe urgent action may be required.

How much does a boundary dispute cost?

Costs depend on the complexity of the ownership and title evidence, the opponent’s approach, whether expert evidence is required and whether proceedings become necessary.

Property disputes can sometimes become disproportionate to the financial value of the area of land itself. We will therefore discuss both the legal merits and the practical value of the available options with you.

Speak to a boundary dispute solicitor

If a disagreement concerning your property is developing, taking advice early can help establish the legal position before relations deteriorate.

Speak to our property dispute solicitors in Gloucester and Stroud.

For expert advice on property disputes, you can contact us using the contact form on this page or by clicking here. Alternatively, you can call us on 01453 847200.