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Are you in a boundary dispute? A boundary dispute can be a difficult situation for anyone and commonly involves legal assistance as cases can become complicated and extremely stressful.
What is a Boundary Dispute?
You may have approached your neighbour to explain the boundary between your properties, or they have approached you. Boundary Disputes are a frequent cause for concern between homeowners and neighbours. Whether it be a dispute which occurs over the construction of a new fence, garden wall or garage, our partner properties lawyers in Brighton and Hove have extensive experience in both this complex area of law.
LGBT Lawyers can connect you to a dispute resolution lawyer, ensuring you get a premium service which resolves your boundary dispute quickly and effectively.
You should know…
1. A Boundary Dispute is defined as the disagreement between two parties have differing opinions to where their properties boundaries end.
2. A Boundary Dispute arises when one of the parties involved in the dispute attempt to make changes (such as building a new fence) on a piece of land which they suspect is theirs but is actually owned by the other party in the dispute.
What are the most common types of boundary disputes?
There are various types of boundary disputes, the most common causes include:
1. The positioning of a garden fence or wall which is used to separate the boundary between two properties is adjusted or requires a re-build.
2. The positioning of guttering drains and pipes.
3. Right of way and access disputes (where a property is accessed through another property or plot of land).
4. The building of extensions which extends on to your land.
5. Overhanging foliage.
Boundary dispute cases can become stressful and time-consuming for the parties involved, and the costings involved within cases can quickly escalate. It is common within boundary dispute cases that if the land does not have significant value, the legal costs (such as court fees) will surpass the value of the land.
Therefore, it is vital when wishing to succeed in a boundary dispute you seek legal advice from a lawyer who can explore other cost-effective strategies which could resolve the dispute outside of court. However, if settling outside court is not possible, a boundary dispute lawyer can build you a strong case, and this can ensure you the best chance of succeeding if court proceedings are necessary.
How a Boundary Dispute is resolved?
Establishing boundaries is crucial because the boundary of a property regulates what land rights and liabilities the owner will operate.
The first step to resolving a boundary dispute is to negotiate with the opposing party to attempt to come to a solution. However, if it is not possible to negotiate a solution you will need to establish:
– How did the change to the boundary happen?
– Who moved or changed the boundary?
– Was there a valid reason for the change to the boundary?
In establishing the points above it is advised you seek legal advice. A lawyer can help you to locate historic records, surveys, photo’s, ariel photos and videos.
Once, the evidence has been collected a lawyer they can then advise you on the best option available to you. Typically, it is advised to attempt to settle by offering to pay the neighbour some money. Although paying the opposing party may seem unnecessary to begin with, it could save you a lot of money in the long run, because if the case was to go to court it could cost thousands.
Any settlement which is agreed by paying the opposing party will need to be registered at HM Land Registry to present the correct and newly agreed boundary.
If the opposing party does not accept the payment offer a lawyer may suggest to attempt to resolve the dispute through alternative dispute resolution (ADR). Forms of ADR used to resolve boundary results typically include:
The advantage of using ADR is that it will save you money as you will not have to pay court and legal fees. For more information on alternative dispute resolution please click here.
Finally, if all else fails, a lawyer will suggest resolving the dispute in court or by way of a Land Registry Application. An expert property lawyer will be able to build you a strong case by collecting key evidence and structuring a coherent case.
Boundary Dispute Overview
Key Benefits of Using a Boundary Dispute Lawyer?
1. Assessing alternative dispute resolution strategies
A boundary dispute lawyer can offer you other options than settling in court. Court processes can drag on for months and years. This can be draining on the individuals involved whilst they wait to give evidence and for an outcome to be reached. Alternative dispute resolution can avoid all of this.
Evidence collection can be a difficult process and a lawyer can help with communication so you can acquire key hard evidence including photo’s, videos and aerial photos.
A boundary dispute lawyer can assist in researching and assessing the land registry and historical documents to establish the boundaries of properties in question.
Structuring a coherent and comprehensive case to your circumstances in an objective manner and without emotion.
How a Lawyer Can Help During A boundary dispute
All forms of boundary disputes can benefit from professional help.
Having a boundary dispute lawyer on your side during a dispute will help you understand how strong your case is, and how credible the other side’s evidence is.
If you choose to go ahead with acquiring a boundary dispute lawyer they can assist in researching and assessing the land registry and historical documents to establish the boundaries of properties in question.
This will, in turn, help you understand how fair any offers and options to settle are, and whether or not you should accept them.
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