In recent news two multi-millionaire neighbours are in dispute over a 12 inch strip of land between their respective properties.
The properties are separated by a passageway. Party A carried out extensive renovation works including excavating their basement under the passageway right up to Party B’s flank wall. Party B is seeking an injunction to compel Party A to move the outer wall of his property away from their property by 12 inches and to partially fill in the basement claiming that they own part of the passageway. Party A denies any encroachment and insists that the passageway forms part of the property’s title. This is not an unheard of scenario and one which many people are involved in on a daily basis throughout the country. Resolving these kinds of disputes can not only be costly and time consuming but often also lead to further animosity and resentment between neighbours.
Are you Aware of Your Property's Boundary?
A boundary dispute occurs when two people both believe they have rights over a piece of land. One person erects a fence, plants a hedge, builds a structure or paves their driveway over the land that the other thought to have owned and inevitably a dispute arises.
How do I avoid a Boundary Dispute?
While it is not always possible best practice is to firstly identify where your boundary is before the works start. This can be done by gathering as much information as possible about not only your property but neighbouring properties as well. Title deeds, photographs, Ordnance Survey Maps and declarations from previous owners can all assist in determining the boundary of the land. Regrettably this information is often vague and can be inconsistent so the best way to deal with the situation is to try to agree the boundary with your neighbour and resolve the matter amicably.
If an agreement cannot be reached you may need to consider involving surveyors and/or solicitors.
Seeking the advice of a surveyor who specialises in boundaries and boundary disputes may help to resolve matters quickly especially if the report provided by the surveyor is accepted by your neighbour. If an agreement cannot be reached, involving the court to determine the boundary may be the only remaining option.
Boundary disputes can be complex and we always suggest getting some legal advice if a dispute is inevitable it may also import to consider whether any works carried out by your neighbour fall within the ambit of the Party Wall etc. Act 1996 and what steps need to be taken in this regard. MW also have specialist solicitors who have extensive experience dealing with Construction disputes.
Boundary disputes often entail disproportionate time and expense being spent by parties and their advisers, arguing about a small piece of land. Disputes take place in close quarters and the stress and personal tone of them can mean that the most reasonable of people can become embroiled in hostile exchanges and lose a sense of perspective over what is at stake.
We Can Help
At MW, our Civil & Commercial Litigation Department has specialist property dispute solicitors who can assist with the most complex of disputes, including:
Our expert Solicitors are waiting to take your call and assist you in getting the best result, as quickly as possible. Call us today on 020 3551 8500 or use our Contact Us form to arrange a callback at your convenience.