Boundary disputes and party wall issues

Disputes between neighbours over the location of the boundary between properties are common. Boundaries can vary over time and may not follow a straight line. We understand that boundary disputes often feel like someone is trying to take part of your land. For this reason, boundary disputes can be hard-fought.

Boundary disputes arise for several reasons: for example, because someone moves a boundary fence; or because someone relies upon a plan that does not reflect what is on that ground. Unfortunately, Land Registry plans cannot be used to determine where a boundary lies.

In most cases, an expert (usually a surveyor) will be instructed. They will consider historic plans, old photographs and the actual property to determine where the boundary lies. Of course, your neighbour’s expert may find that the boundary is somewhere else entirely. Despite this, we find that many boundary disputes can be resolved through discussion and negotiation between the parties. Court proceedings should be seen as a last resort, and we will always advise you on the best way forward to resolve your dispute.

If your neighbour has built over where you believe the boundary line is located, it is important to seek specialist legal advice at your earliest opportunity. It may be that you need to consider making an application for an injunction for your neighbour to remove the new structure (whether it is part of the house or a fence wall).

A party wall is one that stands between two owners’ land and either:

• Forms part of a building (e.g. the dividing wall between two terraced houses); or
• Does not form part of a building (e.g. a garden wall).

The Party Wall Act regulates what you can do to (or near to) a party wall. If you are looking to make significant changes, for example cutting into the wall, digging new foundations or demolishing part of the wall, there is a specific procedure to follow. There are significant penalties for failing to follow the procedure. Therefore, if you or your neighbour wish to carry out works to a party wall it is important to seek specialist legal advice as soon as possible.

If your neighbour has commenced works without following the procedure, we can advise you on your next steps. This may include an injunction to stop the works to the party wall.

At Levi Solicitors LLP, our team has a wealth of experience in boundary and party wall disputes and will always take a pragmatic approach. We will work closely with our clients’ appointed surveyors in order to achieve the best possible results.

Our solicitors will get to know you and understand the boundary issues, visiting the property where necessary. We will advise you on the most effective method of dispute resolution, whether negotiation, mediation or issuing court proceedin

neighbours can worsen quickly, and we will work with you to resolve the dispute as swiftly as possible.

Our property disputes team is proud to be transparent on fees and will provide clear costs advice from the outset.

If you would like a FREE, no obligation discussion to see how we can help you resolve your party wall or boundary dispute, call us on (freephone) 0800 988 7756.

With offices in Leeds, Wakefield  and London, we can bring our experience and knowledge to your claim, no matter where you are.