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Boundary disputes

In a world where many of us live in close proximity to our neighbours, it’s not uncommon for confusion regarding boundaries to arise. However, when handled correctly, a boundary dispute doesn’t have to mean falling out with your neighbours. Many boundary issues can be resolved amicably and fairly.

Boundary disputes can cover many issues from disagreements over boundary lines to agreeing who is responsible for the maintenance of shared areas. Sometimes it may not be clear who owns a particular boundary and, if changes have occurred over time, it can be difficult to resolve boundary disputes without the help of a specialist property solicitor.

At QualitySolicitors Parkinson Wright we can help resolve boundary disputes and take the stress out of any disagreements you may be having with your neighbours. We may be able to find answers simply by referring to your property deeds but if this isn’t possible, we can carry out further investigations to resolve issues.

Contact us on 01905 401 893 to speak to one of our property experts. There’s no charge for our initial chat and with no hidden costs and our same day response promise, you can get answers to your questions quickly and easily.

Team members

Douglas Godwin
Partner, Head of Commercial & Agricultural Services
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Frances Woods
Partner, Head of Litigation
Worcester
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Mark Blake
Partner, Litigation
Worcester
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Claire Simon
Solicitor, Personal Injury & Litigation
Worcester
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Jonathan Lewis
Solicitor, Litigation
Worcester
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Sarah Grantham
Trainee Legal Executive
Worcester
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FAQs


In simple terms, boundary disputes arise where there is a disagreement between neighbours about the boundaries between their respective properties that they are unable to resolve. Such situations can arise if there has been a recent change of ownership or one neighbour wishes to extend their property and can involve disagreement as to the positioning of walls, hedges or fences. Sometimes, the area of land in dispute can be relatively small but can, nevertheless, be a source of friction and stress to those involved.

The easiest and quickest method is, if you can, to come to an amicable agreement with your neighbour and if that is not immediately possible, consider taking some initial legal advice which can be done at modest cost (Parkinson Wright operate an Ask the Legal Expert scheme at £99 inclusive of VAT). Your solicitor will provide you with advice on potential solutions, including writing an initial letter to your neighbours. You might also consider using the services of a professional mediator if you find it difficult to talk directly to your neighbour: mediation can often be a speedier and more cost-effective solution than taking legal action.

Depending on the nature of the dispute, there are a number of legal remedies open to you which might involve either issuing proceedings in the county court for an injunction (in cases of the utmost seriousness and urgency) or by way of an application to the HM Land Registry division of the Property Chamber (First-Tier) Tribunal. It is likely that you would need expert evidence from a chartered surveyor should the case need to be heard by the court or tribunal.

Taking early legal advice in the case of encroachment on your property is highly recommended so that you can receive advice on your options and their potential cost implications. You should check to see if you have any legal expenses insurance (for example, through a bank account or household contents policy) that may assist in funding your dispute. Your solicitor will advise you what evidence (e.g., title deeds, evidence from a surveyor, witnesses etc.) might be needed. The first legal step for your solicitor would be to write a formal Letter of Claim to the person encroaching on your property and then advise you further upon receipt of any response.

For advice on any disputes relating to your home or land, please contact Jonathan Lewis or Mark Blake on 01905 721600.

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