A successful boundary dispute claim may often cost more than it is objectively worth. Nevertheless, for the farmer it can be worth a lot of money, particularly when development land is involved.
Finally, the “hedge and ditch” presumption may be relevant, deriving from a case in 1810. The Land Registry maps are not definitive. Conveyances usually state boundaries are delineated “for the purposes of identification only”. OS plans and field numbers may be relevant, as is extrinsic evidence of topographical features that exist or may have existed in the past.
Claimants have to prove their case. The case of Parmar v Upton (2015) shows how the “hedge and ditch” presumption can be very relevant today. Land had been sold for development and although the extent of the land was small, it was very valuable to the developer. He lost.
We Can Help
At McMillan Williams our mission is "To make quality legal services accessible to everyone." including those who are trying to resolve a boundary dispute. We take a pragmatic approach to this kind of dispute and always suggest that a cost benefit analysis is carried out at the beginning. We are firm believers in the value of mediation and recommend it to all our clients as a way to minimise the costs.
If you are currently engaged in or concerned that you may be involved in a boundary dispute and wish to talk to our expert agricultural lawyers then call us today on 020 3551 8500 or email us at email@example.com.