Take Five Guide - Boundary Disputes   

Property boundaries may be imaginary line separating properties, often without any physical form, but they have the ability to drive a wedge between perfectly rational neighbours.

 So, what can be done to deal with these disputes in a practical and civil way without making it a costly exercise? Our Take Five Guide addresses the common misconceptions and provides you with concise practical and legal advice on how to resolve disputes.

1. Gather the earliest historical evidence

When determining boundary positions, the Court’s task is to ascertain the historic boundary line at the date of the earliest conveyance (that is, when the land was first divided). Any documents, titles, reports and photographs which show the boundary and extent of the land historically, are the most persuasive evidence. This is because they demonstrate exactly what land was sold to each party.

2. Avoid Land Registry title plans

These are not the best evidence of a boundary. Land Registry plans do not establish legal boundaries of properties; they are based on ordnance survey maps which are deemed to show only general boundaries, and do not determine the exact line. Generally, you should not rely solely upon title plans.

3. Obtain a high-quality boundary survey

A large proportion of disputes could be avoided by obtaining a high-quality survey. In many cases, specialist chartered land surveyors should be used. These are important because the surveyor assesses the features on the ground, which are a key part of the extrinsic evidence about where a boundary is.

4. Consider adverse possession

If your survey and/or research into the historical conveyances reveals that the boundary is in your favour, but another party has been in occupation of the land for a number of years, this may give way to the other party having a claim in adverse possession. You should take legal advice as to whether your neighbour could be entitled to such a claim and what you can do to “stop the clock” on their claim to become the legal owner.

5. Keep an eye on costs

Boundary dispute costs can often rack up quickly and soon dwarf the value of the land or the value of determining the boundary for a future sale. It may be more cost effective to agree with your neighbour to either seek a Land Registry determination of the boundary or to negotiate a boundary agreement.

Would you like to know more?

Thrings’ Property Litigation lawyers are experienced in reviewing complex historic conveyances and transfers as well as reaching resolution in boundary disputes, often without recourse to court.