Boundary disputes are common-place and arise in relation to commercial, residential and agricultural land. Litigation involving boundary disputes can arise over relatively minor incursions across a boundary, leading to a dispute, which escalates and can become extremely personal.
Under such circumstances, it is important to seek legal advice at any early stage of a boundary dispute to prevent hostility between the parties or neighbourly relations deteriorate.
It may be the case that the boundary dispute that has risen cannot be decided according to the lease or deeds of a property – boundaries can alter over time and may not run according to the layout of the land in its present state. Where a disputed boundary has been in place for many years the dispute usually turns into an “adverse possession” case.In some cases, it will be necessary to trace the history of a building or piece of land using historical documents, parish and church records and historic images or plans.
In a dispute over boundaries it is not unusual for cases to go to court, especially if independent experts appointed by the parties are themselves unable to agree on where the boundary lies.
Affect on the value and the ability to sell the property
It is likely that boundary disputes can affect the value of your property making it difficult to sell your property, or having to sell it at a significant undervalue, which is why you will need your matter to be dealt with as swiftly as possible, achieving the best result possible for you.
Resolving boundary disputes quickly and cost effectively is the key for most clients. We, therefore encourage mediation where appropriate, but will pursue swift court action on your behalf where mediation is not possible. We will always advise you of the costs and risks of the action being taken during the course of the dispute.
Funding a Boundary Dispute Case
We understand that legal fees can be expensive. If you are likely to have difficulty funding a case yourself, we will consider with you various options at the outset as to what may be available to you.
Where you have a strong case, we will always consider whether we can help you with a Conditional Fee (no win no fee) Agreement.
If your boundary dispute arises as a result of professional negligence by a solicitor who dealt with the conveyancing for you, or the negligence of a surveyor who prepared a report on the property before you bought it, it is possible that the majority of the fees you would incur with us would be covered by their professional indemnity insurance.
WE DEAL WITH
We have a highly successful team that can deal with all areas of land/property disputes, including disputes over boundaries relating to:
- Adverse possession
- Basement developments
- Overhanging trees, bushes and shrubs
- Party walls
- Pipes and drains
- Planning consents
- Right of light or rights of way
- Surveyors’ negligence
- Fences and Walls
GET IN TOUCH
If you have a boundary dispute or a problem with a neighbour, we can help, please contact us or complete the online enquiry form and a member of the litigation team will contact you on the number and time provided.
- 0161 5050635