If someone is impinging on your land, then it is important to act quickly to defend your property. Maybe, you are being denied use of an access road you have been using regularly. If you cannot resolve the dispute regarding the road or your land, then quite clearly issues will arise when you come to sell your property.

Taking early action can be critical to selling your property. We understand the often conflicting desire to protect your home against encroachment and the need to resolve matters in a cost effective fashion.  When  a property is sold any disputes with neighbours must be revealed, this can often devalue or even put off any potential purchasers.  It is crucial that disputes are handled carefully to protect your investment.  

Our team can help with:

• Boundary fence disputes
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• Rights of way and other property rights
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• Shared amenities
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• Nuisance
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• Adverse possession (squatter's rights)
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• Access to neighbouring land
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Information on Boundary Disputes
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Getting Advice 
Often triggered by the replacement of a hedge or fence, boundaries are a common source for disputes between neighbours. 
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There are numerous misconceptions among the legal profession, surveyors and the public as to where boundaries lie, which if not remedied at an early stage can lead to acrimony and protracted disputes. 

Our expertise lies not only in providing clear advice onthe legal basis for your boundary, but also resolving the dispute with your neighbour. 

Determining the Boundary
Determining where the boundary lies is not as drawing a straight line from the front of your property or checking the Land Registry plan. Our team can assist you in analysing the evidence to determine the boundary’s true location. We can: 

• 1.  Where possible, determine the original legal boundary from the deeds
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• 2.  If not possible, consider other evidence such as topographical features on the land that existed when the land was divided such as hedgerows and fences.
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• 3.  Consider whether theboundary has shifted either through an informal agreement or adverse possession
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Locating the Original Legal Boundary
The original legal boundary for a property is determined by the deeds. The conveyance deed that divided the property may have measurements, a description of the boundary in question or “T” marks showing who owns a boundary feature.
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The deeds however are not always available. Since registration at the Land Registry for all transfers of land was made compulsory in 2003, many mortgage companies who traditionally held the deeds of the property have disposed of them.

In the absence of other evidence, presumptions regarding the boundary can often be made from the facing of fences or the situation of hedges and ditches.

Moving the Boundary Line over Time

Informal Boundary Agreements

Transfers of land usually must be evidenced by signed deed. This does not always apply to trivial dispositions of land following an informal agreement between neighbours.

The history of the boundary and agreements made by neighbours or former neighbours, whether informally over the garden fence orformally in writing, can also have a bearing on the position of the boundary. In certain circumstances boundary agreements can even be inferred by the neighbours’ conduct.

Adverse Possession

The legal boundary can be altered by adverse possession, informally known as squatter’s rights. Where a person occupies their neighbours land without their permission, demonstrates that ownership (such as erecting fencing) with the necessary intention to exclude the true owner, the Land Registry may recognise their right to be registered as the owner.

This often applies in boundary disputes where a boundary has historically been moved from the original legal boundary and a number of years have passed. The position of the existing boundary and the length of time it has been there often becomes more relevant than the original legal boundary shown by the deeds.

In the past, 12 years were required to establish adverse possession and this remains the case for unregistered land. The rules for adverse possession are complex and we can advise you if this applies.
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Next Steps

Gather Expert Evidence - In most boundary disputes it will be necessary to engage the services of an expert surveyor; either to provide evidence of where the boundary should be or draw up detailed plans for any litigation or settlement.
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Negotiation - The court places strong emphasis on disputes being resolved by mediation, negotiation or by other alternative dispute resolution. 

Remedies where matters cannot be resolved a declaration can be sought from the court as to the true position of the boundary together with damages for trespass, these are often only nominal. Alternatively a determination of the boundary or adverse possession can be sought at the Land Registry.