Boundary dispute solicitors are lawyers specialising in resolving disputes between neighbours over property boundaries. They can help you to understand the law governing boundary disputes, investigate the facts of your case, negotiate a settlement with a neighbouring property and represent you in court if necessary.
Boundary disputes can be complex and time-consuming, so having an experienced lawyer on your side is essential. A boundary dispute solicitor can help you to protect your rights and interests and to resolve the dispute as quickly and efficiently as possible.
At Expert Commercial Law, we can put you in touch with a solicitor who possesses many years of experience in this area of law and who can assist you in resolving a boundary dispute.
Common boundary disputes
Boundary disputes can arise for a variety of reasons, including:
- Changes in ownership of a property. When a property changes hands, the new owner may not be aware of the exact location of the property boundaries. This can lead to disputes with the neighbouring properties.
- Lack of clear documentation. The property boundaries may sometimes not be clearly defined in the title deeds or other documentation. This can also lead to disputes between neighbours.
- Changes in the physical features of the land. Over time, the physical characteristics of the land can change, such as the course of a stream or the location of a fence.
- Adverse possession. Adverse possession is a legal doctrine allowing someone to acquire ownership of property by occupying it for a certain period without the owner’s permission. This can lead to disputes between neighbours if one neighbour believes the other has acquired property ownership through adverse possession.
- Personal issues. In some cases, boundary disputes may be caused by personal issues between neighbours, such as a long-standing feud or a disagreement about something other than the property boundary.
If you are experiencing a boundary dispute, it is important to try to resolve it amicably with your neighbour. If you are unable to resolve the dispute on your own, you may need to seek the assistance of a lawyer.
How can boundary disputes be resolved?
Resolving boundary disputes can be a complex and sensitive process, but there are several approaches you can take to reach a resolution. Here are some steps to consider:
- Communication and Dialogue: Initiate open and respectful contact with the party involved in the boundary dispute. Try to understand their perspective and express your concerns clearly. Open dialogue often helps identify areas of agreement and lays the foundation for finding a resolution.
- Review Relevant Documents: Gather and review all relevant documents, such as deeds, surveys, contracts, and any other legal papers related to the property. Understand the boundaries as defined in these documents and look for any inconsistencies or discrepancies that may contribute to the dispute.
- Professional Survey and Assessment: Engage a professional surveyor to conduct a detailed survey of the properties involved. An accurate survey can determine the exact location of the boundaries based on established markers and measurements. The surveyor’s report can serve as an objective assessment to guide the resolution process.
- Mediation: Consider engaging a neutral third-party mediator who specialises in boundary disputes. Alternative dispute resolution allows all parties to present their concerns, interests and proposed solutions in a structured and facilitated environment. The mediator helps facilitate dialogue and assists in finding a mutually acceptable resolution.
- Negotiation and Compromise: Through negotiation, explore potential compromises or mutually beneficial solutions. This may involve adjusting the boundary lines, sharing costs for boundary maintenance, or reaching agreements on land use. Be willing to listen to the other party’s concerns and propose creative solutions that meet both parties needs.
- Legal Advice: Seek advice from a boundary dispute solicitor who specialises in property law. They can provide legal guidance, explain your rights, and help you navigate the complexities of the legal system. They can also represent your interests during negotiations or court proceedings if required.
- Boundary Agreement: If a resolution is reached, document the agreement in a legally binding boundary agreement. This agreement should clearly define the new boundary lines or any other terms agreed upon by both parties. It is recommended to involve solicitors in drafting and reviewing the contract to ensure its validity and enforceability.
- Court Proceedings: If all attempts at negotiation and mediation fail, litigation may be necessary. The court will make a decision based on the evidence presented and applicable laws.
Remember, the resolution process may differ depending on the specific circumstances of the dispute. It is advisable to consult with legal professionals who can provide personalised advice based on your situation.
How can Expert Commercial Law assist?
Our panel of boundary dispute solicitors possess extensive experience and can assist parties in neighbour disputes, boundary dispute cases and any queries surrounding the land registry. Whether you have a boundary dispute regarding a residential property or commercial property, our solicitors can assist you.
Our panel firms provide guidance throughout the process and can help protect their client’s rights and interests. They can also help evaluate the strength of the case and advise on the best course of action.
Please note we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a commercial law case, we will pass your case on to a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm.
Please contact us today using our enquiry form below, and a member of our team will be in touch with you.
Schedule Your Free Consultation
Please note, we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm.