A boundary dispute is a disagreement between property owners or occupiers about the location of the boundary that separates their properties. Boundary disputes can arise for a number of reasons, including:

  • Changes in property ownership: When a property is sold, the new owner may not be aware of the exact location of the boundary.
  • Changes to the landscape: Over time, the landscape can change, such as through erosion or the construction of new buildings. This can make it difficult to determine the location of the original boundary.
  • Disagreements over the interpretation of property deeds or title plans: Property deeds and title plans can be difficult to interpret, which can lead to disagreements about the location of the boundary.

The cost of a boundary dispute can vary depending on a number of factors, including:

  • The complexity of the dispute: The more complex the dispute, the more expensive it will be to resolve.
  • The amount of evidence involved: The more evidence there is, the more time it will take to review and analyse.
  • The need for expert witnesses: If expert witnesses are required, such as a surveyor, the cost will increase.
  • Whether the dispute goes to court: If the dispute goes to court, the cost will be significantly higher.

In some cases, it may be possible to resolve a boundary dispute without the need for legal action. However, if the dispute is complex or if the parties cannot reach an agreement, then it may be necessary to go to court.

In one case (Gilks -v- Hodgson [2015] EWCA Civ 5), legal costs for the parties spiralled to over £500,000.00.

Tips for Avoiding Boundary Disputes

There are a number of things that property owners can do to avoid boundary disputes, including:

  • Keeping accurate records of property deeds and title plans: This will help to avoid any confusion about the location of the boundary.
  • Communicating with neighbours: It is important to communicate with neighbours about any changes that are made to the property, such as the construction of a fence or wall.
  • Seeking professional advice: If there is any doubt about the location of the boundary, it is advisable to seek professional advice from a surveyor or solicitor.

If you are currently facing a boundary dispute, Sure Dispute’s services may be able to provide some clarity before you go down the path of expensive legal costs. Our packages start from just £195.  Click here to find out more.

 

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