A boundary dispute can occur between neighbours for a number of reasons. If you find yourself involved in a boundary dispute you may be wondering if you need to get a solicitor involved.
As with any type of case, legal action should always be taken as a last resort. It is often costly and stressful for those involved. This means that it may be worth approaching your neighbour in the first instance and seeing whether you can resolve matters between yourselves. The issue that you are experiencing could simply be due to a misunderstanding or you may be able to reach an amicable agreement with your neighbour that allows you both to move on and put the matter behind you. We would always recommend a discussion where possible before solicitors are involved.
However, unfortunately it is not always possible to resolve boundary disputes amicably. If this is the case, then we would always recommend instructing a solicitor before taking any formal action.
Boundary disputes are a complex area of law which require specialist attention. A specialist solicitor will be best placed to go through your own title deeds and your neighbour’s title deeds to begin to determine the legal position.
The actual location of a boundary is often not as it initially seems. Many people use their Land Registry documents and plans to try to determine where the boundary is. Although Land Registry documents might appear to be straightforward to follow, they do not always show the true position of the boundary. A specialist solicitor can assist you with instructing an appropriate expert to determine the exact location of the boundary, having regard to not only the Land Registry documents but all relevant deeds, historical information and objects on the ground. A specialist solicitor will ensure that the expert is given the correct instructions to prepare the documents required to assist in resolving your dispute. Once an expert report has been obtained a solicitor can then use this to assist you in resolving your dispute.
So, do you need a solicitor for a boundary dispute? Ultimately we would say yes. If communications between you and your neighbour have broken down and your are at deadlock and cannot reach an agreement, we would always advise instructing a solicitor that specialises in these sorts of disputes.
If you find yourself in the middle of a boundary dispute that you have not been able to resolve yourself by talking to your neighbour then we may be able to help at Stephensons. Call us on 0161 696 6178.
By Alysia Leigh from our dispute resolution team
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