A boundary dispute is a disagreement over where a boundary lies between two or more parties, often residential neighbours, for example, when a new party buys a property, one party wishes to sell, an alleyway or right of way is encroached or blocked or a boundary fence or wall falls into disrepair. Claims can include injunctions to prevent trespass or encroachment, compensation and costs, as well as declarations regarding the correct location of the boundary.
Are Boundary Disputes Common?
Boundary disputes are increasingly common, particularly in this area of Surrey and Greater London, where property prices are high and property owners stand to lose valuable land or the ability to effectively access their property. Properties are being built on land previously used as residential gardens or even electrical substations, in order to maximise land and financial returns. Legal advice is sought where neighbours can no longer constructively communicate and effective solutions cannot be found.
What Information Do I Need to Obtain?
When first contacting us regarding a boundary dispute, we will first ascertain all relevant background information. Any documentation you can provide would be useful, or we will initially request or obtain the following:
a) A chronology, both setting out the issues that have arisen and what steps have been taken to resolve those issues in date order, but also setting out the time at which the boundary has been established.
b) Photographs showing the current boundary and any development or disturbance of the boundary line – for example, previous fencing, angle irons. Historic photographs can demonstrate how the land has been used and where the boundary was, including boundary markers, such as old fences, physical features, and angle irons. Aerial photographs, such as Google Earth, are also of assistance.
c) Correspondence, including emails, social media posts, text messages, as well as written letters to and from neighbours, witnesses who have seen the boundary or recent events, planning departments, or the land registry.
d) Land registry documents and plans, showing any boundaries and legal rights allowing one person to use another person’s land for access or a right of way.
e) Planning documentation, for example, where there has been a new development or an extension.
f) Evidence and outcomes from previous disputes concerning the boundary.
g) Conveyancing documents relating to the purchase or sale of land, including replies to pre-contract enquiries.
h) Ordnance survey maps, which can help show the boundary and physical features over the years.
Can I Go Straight to Court?
We would initially prepare a letter to the neighbour/landowner, setting out the information obtained and a way to resolve the issue.
If this proves unsuccessful, then the court would want to see that you had considered and engaged with the following pre-action steps, unless there were specific circumstances applicable to your case. There can be serious consequences, such as costs orders, should a party fail to comply.
a) alternative dispute resolution, such as mediation or arbitration
b) the Boundary Disputes Protocol, which sets out a timetable for the exchange of information, negotiation and evidence
c) the practice direction on pre-action conduct and protocols
Do I Need a Survey?
A survey is not always required, but land registry documents are often not sufficiently detailed, showing only general boundaries and a RICS-accredited surveyor should be used to survey the land, prepare a report, and a detailed plan which is compliant with land registry requirements.
What if I Have Used the Disputed Land for Many Years?
‘Adverse possession’ is a complicated area, based on the number of years a piece of land has been in exclusive possession, with various requirements such as ‘reasonable belief’ that the parcel of land is owned and for how long the land has been used.
Can I Reach a Boundary Agreement?
You may be able to reach an agreement that would ideally be recorded in writing, defining the boundary or exchanging a defined area of land.
Do I Apply to the Land Registry?
You can apply to the land registry for the determination of the boundary line or for adverse possession, accompanied by land registry-compliant plans and relevant evidence, although there is currently a substantial delay, often for over a year, in dealing with applications.
Our Surrey solicitors will discuss any potential application with you and the recommended action to take.
How Do I Contact You With My Enquiry?
You can email, online chat, or call for a no-obligation 10-minute conversation with our disputes and litigation team.
