Boundary Dispute Advice and Guidance from Blanchard Consultancy

Boundary Disputes Advice

The causes of boundary disputes:

The vast majority of property occupiers in England and Wales live side by side without any friction. Where problems do occur, they are usually triggered by a physical event that marks a sea change in the relationship between the parties. Such events can include the removal of a hedge, the filling in of a ditch, the erection of a new fence, the building of a wall or the building of a house extension or conservatory. An event often occurs when one of the parties, having been away on holiday, returns to notice a change in the nature of a boundary feature. In other instances, a dispute can be triggered by one party applying for planning permission for an alteration or addition to his or her property, and the other party objecting. This can lead to a close examination of the deeds, which, in turn, can give rise to a boundary dispute.

The causes of a dispute often involve one or more of the following:

hedges being removed or cut back;
fences being blown down and then re-erected on a different alignment;
existing walls being used as part of a new extension to a house;
conservatories and small extensions crossing the party wall or boundary line;
work being carried out by one occupier while the neighbour is on holiday;
planning permission being misinterpreted as permission to cross the boundary line between properties;
inaccurate plans attached to the transfers and conveyances contained in the deeds for a property;
conflict between the description and the plan contained in the deeds for a property;
the plan in the deeds not coinciding with what is on the ground;
a change in ownership of one or other (or both) neighbouring properties.

Different people react differently to similar events. As it is rarely easy to predict a neighbour's reaction to an event, it can be hard to avoid the cause of a dispute. Some people are relaxed and have no interest in where their boundaries are; others are relaxed in every other part of their lives, but will become agitated when a boundary event occurs.

Key points

When considering the possible position of a boundary, consult the title deeds and (if registered) the documentation at the Land Registry (LR).
Remember that certain words have defined legal meanings
Legal presumptions can be useful when there is little or no evidence rebutting them.
Remember that Ordnance Survey (OS) maps show physical features (not boundaries) and that the LR leaves the exact position of boundaries undetermined (unless the boundaries are determined by the LR itself).
Adverse possession may apply. Be aware of the provisions of the Land Registration Act 2002 (LRA 2002) with regard to adverse possession in respect of registered land.
Be aware of the factors that must be taken into account when measuring land.
Consider the various different methods of resolving boundary disputes, including mediation.

Blanchard Consultancy is able to advise and represent you on any aspect of disputes relating to property boundaries.

Contact Blanchard Consultancy