How to Resolve Boundary Disputes?

A Dispute over the boundary between two properties is common, as it is hard to find a property owner who does not like to guard the domain, mark the borders and prevent others from encroaching upon their personal space. As a property owner, you may not want to lose even one centimetre of the space that is legally yours. Hence, the boundary dispute is common.

In modern society, this dispute is regarded as one of the fiercely contested conflicts between the neighbours and it is known to turn into a legal fight in no time. A variety of issues may lead to border disputes. For example,

• One property owner’s fence may reach a couple of inches over the boundary of another property owner
• Overhanging trees
• High hedges
• High fences
• Public footpaths across private land

However, it is not impossible to avoid such disputes.

Determine where the Boundaries are Recorded -

The boundary of any property is marked out on the deeds. However, it may be difficult to find out the boundary in older properties, as the line may become blurred over the years. In this scenario, it may be difficult for both property owners to determine which fence, hedge or plants belong to whom.

It is easier to mark a boundary with the walls, as they do not grow or overstep into the property of another owner similar to the plants or hedges. However, the walls may become a subject of dispute if there is no indication as to the location of the original wall.

You may access the ‘title plan’ for your property from government records in exchange for a small fee. You may find the basic information regarding the boundary through this plan. However, it may show general boundaries and the extent of data may depend upon the age of a property. For example, if you look for information on the boundary line of an old cottage, then you may find limited information regarding its exact location unless it is demarcated by a stream or any other type of fixed natural feature.

Causes of Disputes

The dispute between two neighbours may arise due to any type of boundary or any proposed work within or near those boundaries. Below are some discussed scenarios…

Fences and Hedges

If the growth of a hedge is not controlled via trimming, then it may soon become the subject of the boundary dispute between two property owners. A fence that is used in order to separate two properties may become damaged. In this scenario, it is justified to ask the owner of the fence to repair the damage, as small animals can easily pass through the hole and damage the neighbouring property.

There is no regulation regarding the maximum height of the hedge. However, it may grow out of control and shade your property. In this scenario, you have the rights to ask your neighbour to trim the hedge down to a manageable level in order to prevent it from hanging over the property.

The hedge may be made of two or more semi-evergreen or evergreen shrubs or trees. These plants may grow above two metres in height and may overshadow your property or may affect your enjoyment. You may try to resolve this issue in two ways. At first, you may ask your neighbour to trim the plants down to an acceptable height. If you fail to resolve it amicably, then you may file a complaint to the local authority against the property owner.

A hedge may grow out of control and block the sunlight to your property. You may prune the hedge back to the boundary line in this scenario. However, you cannot reduce the height of the hedge. A hedgerow may even have legal protection and you cannot trim it without having the permission of the owner or local authority. However, you may take some legal action against a property owner if the hedge causes damage to your property due to lack of care.

Shared Walls

The shared walls between the two properties are also known as party walls. This type of wall may become a subject of dispute between two neighbours. You may fail to resolve such issues without an expert’s assistance. For example,

You may plan to carry out construction work on the party wall. In this scenario, you have to give a ‘Party Wall Notice’ to the adjoining owner before starting the project.

This notice must mention the details of the proposed work. The adjoining owner has a period of 14 days to respond. If there is no response from your neighbour within this timeline or if there is disagreement, then it is prudent to appoint an independent boundary surveyor to determine the possible course of action and to execute this task.

How to Resolve Such Boundary Disputes

The disputes over boundaries or overgrown plants between two neighbours fall under the domain of civil law. Hence, there is no point in involving the Police department unless a neighbour threatens you in any way. If you fail to resolve the issue amicably, then you may ask for a mediator’s assistance. A mediator can have both parties around a table for discussion.

You may receive judicious advice through the Citizens Advice Bureau. You may even appoint an experienced surveyor who specialises in property law or legal disputes over the boundary. A surveyor may try to find an accurate and defining map of a property through research in order to delineate the exact position of the boundary. A surveyor may even use the local bylaws and regulations if a boundary dispute results from the out-of-control growth of shrubs or overhanging trees.

It is important to keep in mind that you must live with your neighbour even after this dispute has resolved. Hence, mediation is the best way to resolve the boundary dispute. It is equally important to remember that legal proceedings may last for years and an amicable negotiation between two neighbours is regarded as a suitable option to resolve a dispute.

Need help to resolve any boundary dispute? Feel free to contact us, our experienced team of boundary surveyors are happy to advise you.

Originally published at https://www.blsurveyors.com on January 12, 2021.