For most of us, our home is our safest and happiest place, which is why it can be so distressing when a boundary dispute arises. Joe McBride, Acting Head of Commercial Litigation at Bromleys, highlights everything you need to know about boundary disputes, and how to go about resolving them.
What are boundary disputes?
A boundary dispute is a disagreement between owners or occupiers of neighbouring properties about the location of a property boundary.
Figuring out exactly where a property’s boundaries are situated can be difficult. A common belief is that boundaries are set by the land registry plans, when actually they only give a general indication of a boundary. Boundaries are determined by the property’s deed when the land is first split off from the area surrounding it.
Boundary disputes can arise for a number or reasons. Commonly, disputes happen when one party builds a wall, fence or a building on land that another party believes belongs to them.
Boundary disputes can be incredibly stressful and cause an unpleasant situation with your neighbour. In the worst cases this can result in one party feeling they have no choice but to move home so it’s best to resolve these issues as amicably as possible.
How do I resolve a boundary dispute with my neighbour?
Ideally, the best way to resolve a boundary dispute is by reaching an agreement with your neighbour. You might wish to have an informal discussion before taking legal action, to see if you can reach an agreement that suits you both.
However, if you are finding it difficult to reach an agreement, then you might need a solicitor to assist you. They will consider title deeds, plans, photographs and other documents to assist you through the process and try to resolve the dispute quickly and cost effectively.
At Bromleys, we will provide you with your best options to resolve your boundary dispute. We can correspond with your neighbour on your behalf and try to resolve the issue at an early stage. We might encourage both parties to attend a mediation session, and if that does not resolve the problem, we will support you in issuing court proceedings.
To ensure you have the best chance of winning if the case goes to court, you will need a surveyor that is an expert in boundary disputes to determine where the boundary is. We can support you by getting a surveyor quote on your behalf.
What is the average cost of boundary disputes
The reality is that boundary disputes can be a long and costly process. Court cases are expensive and can easily cost between £75,000 – £100,000 so it’s vital to try and find a mutually acceptable way of resolving the issue to avoid this expense if possible.
If you win your case, you expect to recover 50%-70% of your costs from an opponent. However, there is a risk that you will have to pay your opponent’s legal costs if you lose your case.
If you’re facing a boundary dispute, we’re here to help. Our aim is to resolve things swiftly and amicably with your neighbour, so you can go back to peacefully enjoying your home.
We can help with boundary disputes
If you’re facing a boundary dispute, our legal experts at Bromleys Solicitors can help. We understand how important it is to feel safe and comfortable in your own home, and we will guide you through the process to make sure things return to normal as soon as possible. Call us today on 0161 768 15961 or email bromleys@bromleys.co.uk