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Boundary Dispute

By brocs1, Jul 1 2020 11:01AM

What is a boundary dispute?

There is an adage that “an Englishman’s home is his castle”. Boundary disputes between neighbours can often become highly charged as they involve perceived violations of personal space. At Summerfield Browne Solicitors, we have the experience to deal with the most troublesome of neighbours and have years of experience in advising clients on their rights as property owners (be that as freehold or leasehold property owners).

Boundary disputes between neighbours can arise because a physical boundary (a fence or hedge) does not match the boundary that is officially recorded at the Land Registry and can also arise when a property is bought or sold as the new owner may not understand where a boundary lies.

What to do if you have a boundary dispute

The first port of call in determining where a boundary lies will be in the Title Deeds. We frequently contact the Land Registry on behalf of clients to retrieve the deeds that show where the location of a disputed boundary. The Title Deeds will usually also include a plan that will allow the person reviewing the deeds to understand what land is being conveyed to the purchaser.

A common dispute that we have advised upon is where the Property being transferred includes a right of way over another person’s land. The other property may be a garden or a driveway (for example to enable vehicular access). If the right of way is blocked or your land is not accessible due to a neighbour blocking your right and you cannot resolve the matter amicably you may wish to consider seeking legal advice.

How can we help

We find that clients prefer to have written advice on their Property rights “in black and white” but face-to-face consultations can also be arranged at any one of our offices (by appointment only).

We frequently advise clients on alternative dispute resolution which can save time, money and stress.

If court proceedings are necessary, we will advise on the potential costs. A common remedy that is sought in relation to boundary disputes or neighbour disputes is an injunction to prevent the party in breach from performing a certain action (for example preventing trespass).

Going to court can be a daunting experience and as well as preparing the necessary application Summerfield Browne Solicitors can arrange for you to be legal represented at the hearing. Representation at the hearing can often be arranged on a fixed fee which can help minimise legal costs.

If you require assistance in relation to any of the above matter please do not hesitate to call us on 0845 567 7595 or email us on [email protected] Summerfield Browne Solicitors have offices in London, Birmingham, Cambridge, Oxford and Market Harborough, Leicester

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