We get ever increasing enquiries about boundary disputes. These can actually arise in the most innocent of circumstances as well as the more concerted efforts of a neighbour to take over some of the land that you own. Some of these encroachments can be very large indeed. However, more likely, they involve small parcels of land where the cost to litigate can often outweigh the value of the land.
During lockdown, many thousands of British people, faced with staying home, took the opportunity to perform works on their property and gardens. This often involved moving fences and erecting new ones or building walls which of course required the digging of footings, not to mention the cutting down of trees and hedges. Here is where flashpoints can arise. The replacing of the fence or wall etc can often be sited on a different point to where it was originally, thus taking over some land either innocently, or with intention.
When this happens, many people rush off to the land registry and look where the relevant lines are drawn between the properties. If I had a pound for every client that told me ‘Look it’s here on the Land Registry plans’ I would have retired long ago. The simple fact of the matter is that this method cannot be relied upon. More accurate calculations are almost always required along with pictorial evidence etc. It may be that the instruction of a surveyor who is experienced in Boundary disputes may need to be instructed.
However, before you approach lawyers and surveyors, it can be useful to first approach the neighbour and discuss the issue, stating your case and why you feel your land has been taken. Should this not prove effective, then a consultation with a solicitor who is experienced in these matters can clearly set out your options going forward and the implications of each one and you can decide whether that is something you wish to pursue, having weighed up all the facts and costs involved.
Bater law offer a free 30 minute consultation for those who believe they have a boundary or party wall issue. Contact us today for an initial discussion.