Of all the different types of disputes that can arise between neighbours, boundary disputes seem to be the most common and unless handled properly can lead to a great deal of distress and costly legal battles.
We deal with many boundary disputes for clients and they can be complex so we would like to share with you some important points that should be borne in mind at the outset and how to deal with the dispute.
Why do boundary disputes arise
Boundary disputes between neighbours can occur for different reasons, for example when a new fence is erected or when an extension or outbuilding is built. Sometimes the disagreement can arise due to a change of land use over time or a simple misunderstanding between landowners, perhaps because the exact location of a property boundary is not clear.
How to resolve them
It is vital to establish the root cause of the disagreement at the outset. As mentioned this can sometimes be a challenge due to unclear boundary lines or because a legal boundary has changed through a change of use over time, for example due to an informal boundary agreement between neighbours.
Engaging a licensed surveyor who specialises in boundary disputes is often necessary because the surveyor can investigate and accurately determine the boundary lines.
Once the issue is clear then open and honest communications between neighbours on an informal but constructive basis is a good first step towards resolving their differences.
If direct communications is a challenge then negotiations between the neighbor’s representatives may help. Failing this mediation can be an effective way of resolving such disputes and avoiding costly and protracted litigation. Mediation is a non-confrontational option that involves the appointment of a mediator who is an unconnected and independent third party whose job it is to help the parties reach an agreement.
We have worked with experienced mediators who are very good at facilitating discussions and guiding the parties toward a negotiated settlement in an indirect and non-adversarial manner.
To save on time and costs, surveyors can be appointed under a joint instruction of both parties, who agree to be bound by the surveyor’s decision, thus avoiding the dispute becoming the subject of court proceedings.
Recent case
In one case we dealt with, we were able to guide the client to a swift resolution of a boundary dispute with the help of a surveyor’s report enabling the client to avoid costly litigation.
At Hall Taylor Law, our solicitors have experience dealing with boundary disputes in there many forms and guises and have helped many clients resolve what can seem intractable disputes by adopting a commercial and pragmatic approach to boundary dispute issues.
