Boundary disputes arise when there is a disagreement over the exact location of a property’s boundary line, which defines where one property ends, and the neighbouring property begins. These disputes often arise between neighbouring property owners who hold conflicting views about the legal boundary that separates their respective properties. The boundary line may involve various physical markers, such as fences, walls, hedges or even natural features, which may shift or deteriorate over time causing unclear property boundaries, adding to the confusion.

In many cases, the precise boundary line might not be clearly defined or accurately marked on title deeds or land registry records. As a result, boundary disputes can involve various issues, such as:

• Positioning of fences or walls: Owners may disagree on whether a fence or wall is correctly placed, with one party believing it encroaches on their property. This is especially common when property features have been in place for many years and assumed to be correct without official verification.
• Encroachments: This occurs when one neighbour extends their property by building over or otherwise using land that belongs to the other party. Examples include extending a driveway or garden over the boundary line.
• Access rights: Boundary disputes can also involve disagreements over rights of access, such as when one property owner believes they have the right to use a pathway or driveway that runs close to or crosses the boundary line.
• Adverse possession claims: Arise when one party occupies or uses a portion of another’s property continuously and openly for an extended period, potentially allowing them to legally claim ownership. This often involves cases where a neighbour has gradually encroached upon a boundary, perhaps by using or fencing off land as their own, without objection from the rightful owner. If the occupying party meets specific legal requirements, such as demonstrating continuous use over a statutory period (typically 10 to 12 years in the UK), they may be able to secure ownership of the disputed land through adverse possession.

Disputes over the legal boundary can be complex, as they often require a detailed examination of property records, historical usage and, in some cases, a surveyor’s assessment to accurately determine the boundary line.

At Walker Foster, our approach is centred on you and your specific needs. We recognise that no two property disputes are alike, and we take the time to understand the unique aspects of your case. Our solicitors are committed to finding a resolution that suits you, utilising a combination of expertise and compassion to guide you through the process.

• Assessment and planning: We begin with a thorough review of your case, examining title deeds, land registry documents, and any other relevant records. This assessment allows us to develop a clear strategy based on the facts and your goals.
• Negotiation and mediation: Whenever feasible, we prioritise negotiation and mediation. Resolving boundary disputes through these methods can save time, reduce costs, and often preserve neighbourly relationships. As skilled negotiators, we work to reach an agreement that satisfies both parties.
• Litigation: In cases where negotiation fails, our solicitors are prepared to represent you in court. We will handle all aspects of the litigation, from preparing your case to presenting it effectively. Our team understands the intricacies of boundary dispute legal costs and will provide guidance on managing these expenses.
• Follow-up and support: Once a resolution is achieved, our support doesn’t end. We provide post-resolution guidance to ensure that the terms of the agreement are implemented smoothly and assist with any related legal matters.

By choosing Walker Foster, you’re opting for a service that emphasises both expertise and a personal touch. We handle boundary disputes professionally and empathetically, helping you navigate this challenging experience with confidence.