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Disputes over a property boundary can be complicated and emotions often run high on both sides, making these conflicts challenging to resolve. However, obtaining expert legal advice early can often help to head off a long and expensive dispute.
Whether you find yourself involved in a boundary dispute or an issue in respect of an individual trespassing on your land, the dispute resolution team at BakerLaw are here to assist.
We can help you with:
- Applying to HM Land Registry to record the exact boundary of your property
- Responding to objections raised by a neighbour
- Resolving boundary disputes with a voluntary boundary agreement
- Taking your boundary dispute to a tribunal for a decision
- Applying to a Court for an injunction to prevent trespassing
By offering clear, practical guidance on your legal position and helping you to collect all of the necessary evidence to support that position, our team can give you the best chance of securing the outcome you desire for your boundary dispute.
Boundary disputes and matters relating to trespass can be protracted and frustrating to deal with if the right approach is not taken. We aim to alleviate any stress you have encountered and assist in resolving your dispute with negotiation wherever possible. However, if this is not possible, we will support you in tribunal proceedings as required.
How we can help you to resolve your boundary dispute
Determining where property boundaries lie
We will examine a number of documents in order to determine the exact location of the boundaries of your property. We will look at the plans of your property, title deeds, land registry documents, aerial photographs and instruct a surveyor to survey the land if this becomes necessary. We will work in conjunction with a surveyor to determine the exact position of the boundary, giving you a strong foundation for your legal position.
Recording a property boundary
We can assist you with making an application to HM Land Registry (HMLR) to record the boundary of your property. You will need the following for your application:
- A plan prepared by a chartered surveyor showing the property boundary
- Evidence to support your application (title deeds, surveyor’s report etc.)
- A completed exact line of boundary (DB) form
HMLR will send a copy of your application to any neighbours affected by the boundary giving them a chance to raise any objections. If a neighbour objects, you will be given the chance to resolve the dispute amicably. Where this cannot be achieved, HMLR will pass your application to a first-tier tribunal for a decision.
Making a boundary agreement
Most boundary disputes can be resolved amicably by the parties involved using a boundary agreement. This allows you and a neighbour to agree where the boundary between your properties lies and record this in writing, providing clarity for the future.
A boundary agreement can record the exact position of the boundary, as well as who is responsible for issues such as maintaining a fence, wall, hedge or tree on the boundary.
Our boundary disputes solicitors can help with drafting letters and supporting you during negotiation with your neighbour, as well as recording any agreement you reach in writing. Once a boundary agreement has been made, we can record the agreement with HM Land Registry, making the details a matter of public record and minimising the potential for future disputes.
While you can make a boundary agreement without the use of a solicitor, we strongly recommend getting expert legal advice. Our team are highly experienced in constructive negotiation, so can give you the best chance of reaching an amicable agreement without compromising your position. We can also advise on options such as mediation and arbitration where appropriate.
Our team can also ensure that any agreement you reach will still be valid if and when either property is sold.
Taking your boundary dispute to a tribunal
Should your dispute be passed to a tribunal for a decision, our boundary disputes solicitors will assist with preparing your case and can represent you at the tribunal hearing. We can give you the best chance of securing the outcome you need, while making the tribunal process as straightforward and stress-free as possible for you.
If you are unhappy with the outcome of a tribunal hearing, we can advise you on your right to appeal. Where we believe an appeal has a strong likelihood of success, we can prepare your appeal and represent you in any subsequent proceedings.
Stopping a neighbour trespassing on your property
A common cause of boundary disputes is where one party believes a neighbour has moved the property boundary without agreement and is now encroaching upon their land. An example of this might be a neighbour moving an existing fence or erecting a new fence so that part of your property is now on the neighbour’s side of the fence. This is a form of trespassing.
In such cases, we can assist with negotiating the removal or repositioning of the fence to the original boundary line and recording the boundary line with a boundary agreement to prevent future problems.
Where such an agreement cannot be reached, we can issue court proceedings and apply for a court injunction to force the neighbour to remove or move the fence.
Boundary disputes explained
How do I find my property boundaries?
In England and Wales, the exact boundary line between two properties is often not officially recorded anywhere. A property’s title plan may give an indication of where the property boundaries lie, but not their exact position.
To determine the exact boundary, you will either need to:
- Make a boundary agreement with your neighbour/s
- Apply to HM Land registry for a determined boundary
What evidence do I need to register the boundaries of a property?
Proving where your property boundary lies will rely on various pieces of evidence, including:
- Plans of your property
- Title deeds
- Land registry documents
- Aerial photographs
- A surveyor’s report
How can I correct a boundary mistake on the title plan for my property?
If you believe your property boundary has been recorded incorrectly on your title plan, you can write to HM Land Registry to correct the mistake. You will need to explain why you think the boundary recorded on the title plan is a mistake and provide any necessary supporting evidence for where you think the boundary should be.
Contact our boundary dispute resolution solicitors in London & Farnham
If you need to discuss any issue relating to a boundary dispute, including trespass, our expert property dispute resolution team are here to help.