Boundary Disputes: A Guide to Dispute Resolution
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What are boundary disputes?
Boundary disputes are typically disagreements between property owners over the boundary lines of their properties. These types of disputes often arise due to unclear or inaccurate property descriptions in the title deeds.
They may also arise due to misunderstandings regarding who land ownership or disagreements about the position of boundary features like fences, walls, and hedges.
The legal principles governing boundary disputes are derived from a combination of common law, case law, and statutes such as the Land Registration Act 2002.
The precise location of a boundary can be determined through historical deeds, conveyance documents, and, in registered land, the title plan held by the Land Registry. However, title plans often only show general boundaries, not the exact line.
For assistance in resolving a boundary dispute in relation to a commercial property or a residential property, you may wish to speak to a specialist property solicitor. Although ARC Costs cannot provide legal advice on resolving your dispute, we can however introduce you to a specialist solicitor within our network.
Common causes of boundary disputes
Boundary disputes typically arise from several frequent issues, primarily centred around uncertainties regarding the precise boundaries of a property. Below are some of the most common causes of such disputes:
Lack of clear physical boundaries:
Disputes often occur when physical markers like fences, hedges, or party walls, which define property boundaries, are missing, unclear, or have shifted over time. This can lead to confusion about the exact location of the boundary. The Party Wall Act provides guidance on resolving these types of disputes.
Inaccurate or outdated deeds:
Property deeds with outdated or inaccurate boundary descriptions can cause confusion. Over time, changes in the landscape or errors in original documents can result in disputes.
Overlapping land titles:
Occasionally, land registry plans for adjacent properties may have overlapping descriptions, creating uncertainty over where one property ends and another begins.
Encroachments:
Encroachment happens when a property owner infringes on their neighbour’s property or piece of land by building on or extending structures onto it. This can occur intentionally or accidentally, often due to incorrect assumptions about boundary locations.
Adverse possession:
Adverse possession is a legal principle allowing a person who occupies another’s land for an extended period to claim legal ownership, provided certain conditions are met. Disputes can arise when one party claims land through adverse possession.
Changes in physical geography over time:
Natural changes in the landscape, such as shifts in river courses, erosion, or the growth or removal of trees, can lead to boundary disputes.
Variations in surveys and maps:
Discrepancies between different surveys or maps used to determine boundary lines can lead to conflicts, especially if the surveys are outdated or conducted using different methodologies.
Neighbour disagreements:
Simple disagreements between neighbours over where one property ends and another begins can escalate into formal disputes, particularly in the absence of clear, agreed-upon boundaries.
The boundary disputes protocol
The Boundary Disputes Protocol in England and Wales is a structured approach aimed at encouraging the resolution of boundary disputes through a series of procedural steps before resorting to court action. It seeks to facilitate communication, exchange of information, and possible settlement between parties. An overview of the protocol is outlined below:
Pre-Action Conduct
- Encourage the resolution of disputes without the need for court proceedings.
- Ensure that parties exchange information and consider alternative dispute resolution (ADR) methods.
Key Steps:
- Exchange of Information:
Both parties should exchange relevant documents, maps, deeds, and any other evidence that clarifies the boundary position.
- Surveyor’s Report:
Engaging a professional land surveyor to provide an impartial report on the boundary can help clarify the positions of both parties.
- Initial Negotiations:
Parties should engage in open discussions to attempt to resolve the dispute amicably.
Letter of Claim
If initial negotiations fail, the party intending to take legal action must send a formal Letter of Claim to the other party.
Contents of the Letter of Claim:
- Details of the Dispute: A clear description of the boundary dispute, including relevant facts and the legal basis for the claim.
- Evidence: Copies of all relevant documents and evidence supporting the claim.
- Proposed Resolution: Suggestions for resolving the dispute, such as proposed boundary lines or compensation.
- Deadline for Response: Typically 14 to 28 days for the recipient to respond to the Letter of Claim.
Response to the Letter of Claim
The recipient of the Letter of Claim must respond within the specified timeframe.
Contents of the Response:
- Acceptance or Rejection: Whether they accept or reject the claims made.
- Counter-Arguments: Any counter-arguments or evidence disputing the claim.
- Proposed Resolution: If rejecting, any alternative proposals for resolving the dispute.
ADR and Litigation
Resolution methods for land and property disputes range from informal negotiations between neighbours to mediation, arbitration, and, in some cases, litigation.
Informal negotiations
The simplest and most cost-effective way to resolve boundary disputes is through direct communication and negotiation between the parties involved.
The parties meet to discuss the issue, share their perspectives, and try to reach a mutually acceptable agreement.
Any agreement reached should be documented in writing to avoid future disputes.
One of the main advantages of using informal negotiations is the fact that it is a very cost effective option. Typically, no legal fees or costs associated with formal processes.
In addition to this, disputes can be resolved quickly if both parties are cooperative and it helps maintain a good relationship between neighbours.
Mediation
Mediation is an alternative dispute resolution (ADR) method. It involves a neutral third party (mediator) who helps the disputing parties reach a voluntary settlement.
The process starts with both parties agreeing upon a mediator. The mediator facilitates discussions, helps clarify issues, and works towards a mutually acceptable resolution.
If an agreement is reached, it is put in writing and signed by both parties.
Mediation is a private process. Parties have control over the outcome rather than having a decision imposed on them. Solutions can be tailored to the specific needs of the parties.
Arbitration
Arbitration involves a neutral third party (arbitrator) who makes a binding decision on the dispute.
To initiate the process, both parties need to agree on an arbitrator. The arbitrator hears evidence and arguments from both sides. The arbitrator makes a binding decision based on the evidence and arguments.
This process provides a definitive resolution to the dispute, and is a confidential process.
Adjudication
Adjudication is a quicker, less formal process where an adjudicator makes a decision that is temporarily binding until any subsequent legal action. An adjudicator is chosen by agreement or through an appointing body.
The adjudicator reviews submissions from both parties and makes a decision. The decision is binding until the dispute is resolved through arbitration or court action. This process is generally faster than court proceedings.
It provides a quick decision which can be useful in urgent situations.
Legal Proceedings
If an agreement cannot be reached using ADR, formal legal action taken through the courts. One party files a claim in the County Court or High Court. The court hears evidence and arguments from both parties. The court issues a binding judgment on the boundary dispute.
How can ARC Costs assist?
Do you have a boundary dispute with a neighbour? ARC Costs maintains an extensive legal network of boundary dispute solicitors with a track record of success on these types of cases. We would be happy to pass on your details to assist in your case.
In addition to introducing you to a solicitor, we can also assist in the recovery and negotiation of legal costs in boundary dispute cases.
ARC Costs are highly experienced in advising and assisting with costs issues and disputes in different areas of law. As Costs Draftsman and Costs Lawyers, we can assist in your Commercial Litigation Costs issues.
Should you wish to discuss your costs query with us, please contact us on 01204 397302 or via email at info@arccosts.co.uk. Alternatively, you can complete our online query form and we will contact you to discuss your query further. We can provide expert legal advice on costs in our free, no obligation initial consultation.
We may receive payments from third party solicitors on our panel to whom we may refer your claim. We will never charge you for any referrals made to our panel of third parties.