Boundary Disputes – Where to draw the line?
Boundary disputes: If you have a disagreement about boundaries with the owner of a neighbouring land, it is important to know what you can do to establish where the boundaries of your property are and know how to deal with any disagreements with the owners.
The best approach is to avoid boundary disputes at all cost. This may seem a strange thing for a litigation solicitor to be saying but often these disputes are very disproportionate when balancing the legal fees involved and the land at stake.
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Avoiding Boundary Disputes
Boundary disputes occur when two parties both believe they have the right to a piece of land. Disputes often surface where one party erects a new fence or hedge, builds a wall or even paves their driveway.
The best way to avoid a boundary dispute is to ensure that you are certain where the boundary is, if in doubt speak to your neighbour or instruct an expert. You will, in theory, be living next door to your neighbour for many years to come and it is always advisable to try to amicably seek resolution to any disputes which arise.
For example, if you intend to replace a hedge with a fence, you should bear in mind a fence will set a far more specific boundary than the hedge did, and this could lead to a boundary dispute if your neighbours do not agree with where you have put it. For this reason, you should never change or add a boundary divider without checking with your neighbours first.
If a dispute does arise it is important you gather as much evidence as is possible to assist in identifying the extent of the land in question and the properties surrounding it. It would be advisable to examine the title deeds as this should include a parcels clause. A parcels clause sets out in the title deeds the land that is conveyed to you.
Unfortunately, in many cases, the boundaries of property are sometimes only vaguely defined, so existing documentation may not give you exact information and often the title plan is described as “for identification purposes only”. It should be borne in mind that if there is inconsistency between the parcels clause and the plan and the plan is described as