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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).
Party wall disputes
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.
Why choose us to resolve your boundary or party wall dispute?
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 proceedings. We understand that tensions between 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.
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Residential Property Disputes Team
What Our Clients Say
Mr M, Leeds
"Worth every penny. Totally delighted with the outcome of my protracted conflict with a problem Tenant. A huge thank you to Connor and Ed in achieving such a small time frame through the labyrinthine judicial paper trail associated with evictions which had previously had me frustrated beyond belief. Cheers guys."
Mr S, Leeds
"The rebuilding of my house went horribly wrong with the main contractor going into liquidation and subsequently a number of defects coming to light. Thanks to Ed I have managed to recover almost half of the cost of the build from the architect who was managing the build - considerably more than I originally expected. I would highly recommend Ed particularly for his grasp of detail in a case involving hundreds of emails, photographs and pages of experts reports."
Mr B, Leeds
"What great service Ed provided me with, the end result was what I wanted. Cheers again."
Mr M, Leeds
"I’d like to thank you again for all your efforts in this case. I have always felt confident throughout that we would reach the right conclusion and it has been seamless. That has been in no little part to your reassurance and diligence along the way."
Mr P, Wakefield
"Absolutely delighted with the outcome at court! A massive thank you to Ed Smith and his team for his hard work, professionalism and attention to detail. Highly recommend!"