Boundary disputes have a habit of springing up out of nowhere. For example, if a neighbour suddenly discovers that nearby land is worth substantial money, they may attempt to claim it as their own – even if it technically belongs to you.
In other instances, boundary disputes may arise as a result of unkempt walls/fences, and given the vagueness of boundary lines, accusations of encroachments are common. Whatever the cause, it’s important to understand what steps you need to take should an issue arise.
Here, we have some tips to protect your position in the event of a boundary dispute:
First of all, preserve all evidence that you can and take plenty of photos with time stamps of the disputed area.
Communicate the issue
Boundary disputes can spiral out of control extremely quickly, leading to bitter arguments. As such, attempting to be honest and open about the issue at hand is one of the best things you can do.
Approach the person with whom you’re having the clash of opinion and be as reasonable as you possibly can. This is likely to placate the other party and allow for a calm, composed conversation. Together, you may be able to reach a conclusion about what steps to take next in order to sensibly resolve the dispute.
Consider the costs
Before you jump in with both feet and take action in a boundary dispute, consider the potential costs that may be associated with your decision and consider whether your house insurance covers matters such as boundary disputes.
Is this particular patch of land worth fighting over in terms of value? Will the cost of going to court outweigh the overall value of the boundary? Do you have enough money in the bank to come out the other side of a court case unscathed?
These are all questions you need to ask yourself if you become embroiled in a boundary dispute.
Bring in a Land Surveyor
If you and your neighbour cannot agree upon a boundary or aren’t able to determine where it lies, you can bring in a Land Surveyor.
These experts use their knowledge of the law and vast experience to produce a report revealing the correct paper boundary line. Blackstone can arrange a Land Surveyor visit for you.
Blackstone would review the surveyors report and the Legal Title document and consider any legal arguments to move the paper boundary line for example adverse possession may be suitable.
Seek legal support
Some people think it best to bypass solicitors in boundary disputes in an attempt to save money. However, trying to handle boundary disputes alone is ill-advised. In most cases, you’ll spend hours poring through paperwork and answering questions, and it could end up costing you considerably more. You may also inadvertently prejudice your position.
Nobody should have to pay huge sums of money for the sake of a few centimetres of land. Blackstone are experts in all types of boundary disputes, removing the weight from your shoulders and taking care of you every step of the way.
If a neighbour is making physical changes to a boundary without your agreement you may wish to apply for an injunction to prevent them continuing works until the boundary line has been determined by agreement, Land Tribunal or Court.
Contact our knowledgeable team today on 0161 929 0121 to learn more about what we can do for you. Alternatively, you can fill in our enquiry form and we will give you a call back as soon as possible.