What to Do If Your Neighbour Has A Boundary Dispute with You

Boundary disputes are not unheard of amongst homeowners. They are pretty common and can fire up into legal battles quite easily. Basically, a boundary dispute is when two people both believe that they have the right over some part of the land.

The problem usually occurs when one of the two neighbours firmly exercises their claim over disputed land, by, for instance, putting up a fence.

Ideally, boundary disputes should be avoided in the first place as usually the land in question is not even worth the time, effort, and money spent on disputing over it. However, if you do find yourself in the middle of such a hassle, here’s what you should do.

Understand Your Boundaries

Before you set out to do anything else, it’s crucial to know your own boundaries, both property-related ones and ethical ones. Check your deeds or property papers, have them legally interpreted by a legal expert.

Also, make sure to compare your property documents to those belonging to your neighbour and try to see any discrepancies that would instantly explain the cause of the dispute. Remember the more important boundaries are the moral ones; be respectful in all interactions with the neighbours.

Have A Conversation

Before you even get to comparing the property documents, you could simply try having a conversation with your neighbour about the issue. It’s entirely possible that they have not realized the overstepping of any boundaries.

For instance, if your neighbour is putting up a fence, talk to them if you think the fence is invading your space; maybe they’ll just change its position without a dispute.

Settling Outside of Court

Before you head to the court for a long, costly experience, you can try settling the matter outside in a number of ways.

Firstly, you could try mediation. Mediation offers practical solutions as opposed to legal ones and is a highly effective and inexpensive way of resolving boundary disputes. Or you can also have a binding evaluation conducted on-site. A solicitor could help you with this. As long as both parties agree, the decision of the solicitor can be binding.

Moving on To Litigation

When all else fails, litigation could be your only hope. This essentially means taking the dispute to court.

The court can resolve a boundary dispute in two ways. Firstly, you can try to have a boundary determined by the Land Registry. After going through a proper legal procedure, a tribunal judge will have a possible hearing that will determine the outcome.

The second approach is going to a County Court. The court will have an expert survey the site and the evidence before reaching a decision. It should be kept in mind that in either approach, the person who loses the case pays the costs.

If you’re facing a boundary dispute in Wembley and need legal advice, our solicitors can help you out.

Get in touch with us to start discussing your case.