Boundary disputes

Boundary disputes and rights over property

Disputes with neighbours can be fractious and expensive, but they are also difficult to ignore. They can have a huge impact on your life or business if they are not resolved satisfactorily.

There are many different issues that can arise involving property rights. Your neighbour may intrude on, or claim ownership of, land that belongs to you. Your neighbour may obstruct a footpath or driveway that you use to access your land. Your neighbour may be responsible for maintaining paths, drives, walls or fences, but may allow them to become overgrown or fall into disrepair.

Once a dispute arises, it can quickly become personal and difficult to resolve. The stakes for both parties can be high and it may be impossible to avoid noticing the problem. It is, important to instruct a solicitor early to help you find a way through to a good outcome.

We have considerable experience in dealing with property disputes including boundaries and rights of way. The head of our Property and Litigation team has over 30 years of experience in dealing with these cases, including success at the Court of Appeal.

What kind of disputes can you help with?

We can help you resolve issues with:

  • Rights of way and other easements
  • Covenants and use of land
  • Drainage rights
  • Party walls (shared walls between properties)
  • Land ownership
  • Nuisance and negligence
  • Duties to repair or maintain boundaries
  • Overhanging foliage or hedges that have grown too tall
  • Anti-social behaviour
  • Jointly owned properties – disputes where one party wants to sell and another doesn’t

What options do I have for resolving disputes

If you seek advice at an early stage we can advise you on title deeds and other documents that may settle the issue quickly through a letter drawing your neighbour’s attention to the relevant documents and their legal implications.

Of course,  an agreement cannot always be quickly reached and further action may be needed.  There may be need for further investigation, including obtaining historic documents or instructing surveyors.  Beyond that, there may be further correspondence, mediation, arbitration or court proceedings.  We will advise you on which option is the right one for you. We will also make sure you check whether you have something called “Legal Expenses Insurance” (LEI), which may make a huge difference in terms of the affordability of legal action