Neighbour Disputes

Boundary Disputes

Most property owners are aware of the phrase “…an Englishman’s home is his castle…” and the passion most people have for their homes can often lead to disagreement with regard to boundary lines.  Most such disputes are between adjoining neighbours and can very quickly snowball and become bitterly fought court actions involving significant costs and mushrooming out of all proportion to the practical issues involved. It is important, therefore, to identify at the outset precisely what is in dispute and whether there is a practical solution available satisfactory to both sides before views become deeply entrenched and litigation commences.

In order to determine the true boundary of a property the following issues may be of practical significance:-

• Deeds
• Plans, maps
• Photographs

The starting point is usually the title deeds and accurate measurements and a clear definition contained within the deeds may be all important.

Title Deeds

• The title deeds may have plans drawn thereon or attached which may contain measurements. Although useful evidence of boundaries such plans have to be treated with some degree of caution.

Plans

Ordnance Survey (OS) plans are often used to try and determine the exact position of a boundary. Different editions of the OS plan can provide a guide as to changes in position of a boundary line over a period of time. However, OS plans use features such as hedges and ditches rather than actual legal boundaries and the scale of an OS plan means that a line marking a boundary can represent a few feet in width and be “out” by as much as 2.3 metres. In a 2007 case involving a boundary dispute Lord Justice Laws commented that OS plans offer “an uncertain guide as to the precise boundary line”.

The Land Registry plan is based upon the OS and uses a scale of 1:1250 and is similarly too small to accurately determine a boundary line. Further, Rule 278 of the Land Registration Rules 1925 provides the exact line of a property boundary is left undeterrmined by the Land Registry.

Photographs

Aerial photographs are often produced in an effort to assist with boundary identification. Generally, they are of a limited importance but might provide some useful evidence.

Further evidence that may assist in trying to determine the location of a boundary might include :-

• Historical evidence of the boundary
• Agreements reached between owners or past owners of adjoining land with regard to the boundary line
• Expert evidence of surveyors
• Site inspections

Obtaining evidence from neighbours and others familiar with the disputed area of land may be of relevance in determining why a boundary feature may have moved, when it moved and who was responsible for the change.

Agreements reached between owners and previous owners of the property may be determining factors in locating the boundary line between properties. An agreement made between previous owners as to the actual position of the boundary will bind future owners even if it differs from what is shown on a title plan.

Expert evidence from surveyors is often obtained in boundary disputes. Measurements on the ground are taken, reports and plans prepared and if each side to the dispute engages a surveyor meetings are generally held to identify areas of agreement and disagreement. In many cases this may see the actual dispute resolved.

 

Where agreement cannot be reached and court proceedings are issued a Judge may often visit and inspect the site in an endeavour to obtain first hand evidence of the topographical features on the land and which may assist in ultimate determination of the disputed boundary line.

Often, after a period of disagreement between neighbours as to the location of a boundary one party may unilaterally try to bring matters to a head by taking down the other side’s fence hedge or wall and re-erecting at a place where it is considered the true boundary line lies. In such cases it is possible to make immediate application to the court for an injunction to stop a trespass where it is alleged the structure has been erected on the Claimant’s land.

Please contact us for further information.