A boundary dispute is a sub-category of property disputes. A boundary dispute comes in various forms, usually, it is as simple as a dispute relating to the position of a boundary. Sometimes such a dispute will arise when one party constructs a fence, wall or building that a neighbour alleges is encroaching on their property. The common ground is that it always involves the owners or occupiers of at least two neighbouring properties. These disputes are private matters and are not regulated by your local city council. They must be resolved between neighbours unless they involve council-owned land.
Sometimes the encroachments are substantial but more often than not, the trespass is entirely disproportionate to the amount of land available. Immediately resorting to litigation for such matters will incur a cost disproportionate to the inconvenience caused by such trespass.
Even after the dispute reaches the courts, the decision taken by a judge frequently leaves neither side happy. Nevertheless, on some occasions, there is no alternative. If a neighbour encroaches over an already small plot of land or trespasses over a boundary to prevent the owner from using their property, then an encroachment of a few centimetres may lead to a justifiable dispute.
The Boundary Dispute Protocol
Commonly, an individual will argue that a physical marker such as a wall, hedge or fence is in the wrong place. This often starts a chain of events which begins with one accusing the other of trespassing as they have encroached beyond the boundary line. Complications will arise if the physical marker is shared resulting in a party wall dispute, under the 1996 legislation.
Boundary disputes are usually a nightmare for one simple reason: the cost. Although it appears to be simple, boundary disputes are among some of the most complex and expensive types of disputes. This is usually due to the court procedures which increase the legal costs, the long-term ramifications over future ownership of boundary features, and the fact that it is highly unlikely that “neighbourly” relations would ever return. It could also result in implications when selling your property in the future. By the time parties reach court, the trial is often more about the costs incurred rather than the recovery of the land itself.
How Can a Boundary Dispute Be Resolved?
When a boundary dispute arises, arguments between neighbours are common. The longer a case goes on, the more entrenched each side gets which prolongs the dispute-resolution process which, in turn, increases the costs. It is important to have amicable discussions with the other side in the early stages if possible. This will prevent the disputes from becoming personal and also keep costs low for both parties. You could:
1. Speak to Your Neighbours
This can be the most effective solution if you have an amicable relationship with your neighbours. Even if relations with your neighbours are tense, speaking to them and understanding their thoughts on the boundary creates a better path to achieving an agreeable solution.
2. Mediate
It is best to initiate mediation as soon as you can. This helps reduce the amount of time and money spent on the dispute and opens a dialogue with the other party before they become too entrenched in their position. By choosing to initiate mediation you will be making the first move, allowing you to remain in control rather than being a sign of weakness.
3. Litigate
This should be the final option if no solution can be agreed upon. Be mindful as this won’t be cheap for either party. Litigation also creates additional stress regarding compliance with the court procedures and regulations to ensure your claim reaches the courts. Representing yourself in a court is possible, but is not a good idea as we’ve discussed previously.
How Much Would a Boundary Dispute Cost?
There is no easy answer as the costs incurred would depend on several factors such as the cooperation of the other party and the complexity of the dispute. If a case proceeds, some or all of the way to trial, legal costs can easily run into the tens of thousands of pounds for each party.
If funding is your main concern, please check out the funding options we have available for your situation.
How Can We Help?
We understand the stress and costs associated with a boundary dispute. This is why our approach is to take a commercially sensible approach providing the most cost-effective path to a solution. We provide our expertise to achieve your objectives.Speak to our property dispute solicitors about alternative solutions to your boundary disputes to ensure the best outcome. Contact us regarding any concerns you might have or if you have any further questions. Call us or email us at info@witansolicitors.co.uk.
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