Boundary disputes happen when two or more people – more often than not neighbours – both believe that they have a right to a piece of land. When you own a property, you will always have a neighbour therefore, these sort of issues need to be dealt with carefully. A boundary dispute will often start when a person erects a wall, or fence on land which they believe belongs to them, with the neighbour believing that they own the same land.
Best practice to avoid a boundary dispute?
Before carrying out any work, you need to firmly establish the boundaries of the land beforehand. You might think that the work you are carrying out to the boundary is unlikely to cause any issues, however your neighbour might disagree, and you could find yourself in the middle of a boundary dispute.
It is good practice to consult with your neighbour before you carry out any work to the boundary, to ensure that the neighbour is up to date with what is happening, is happy and that there are no immediate issues. If there are any, then you know before starting any works and can then seek legal advice or clarification in relation to the boundary line.
You also need to consider whether or not the wall or fence in question is a party wall, if it is then you will need to adhere with the Party Wall etc. Act 1996.
Land Registry Title Plans
If your property is registered at the Land Registry, then you will have a title plan. This plan will only show the ‘general boundary’ and is not sufficiently detailed to be able to determine the precise location of the legal boundary.
Title plans are useful in identifying the general boundary, but to establish the legal boundary an application for a ‘determination of boundary’ will more than likely be required. This application will determine the boundary and register the same against your registered title. You could also enter into a boundary agreement with your neighbour and register the same at the Land Registry.
Our team of experts will be able to assist with any potential boundary dispute and guide you through a dispute. Contact our dispute resolution team here.
