Boundaries differ and vary over time. In a lot of cases the boundary may have started out as a straight line but over time may have moved slightly or changed direction due to the removal and replacement of the boundary, agreements between predecessors of property and various other factors.
Further difficulties arise when people rely on Land Registry plans. People seem to think that these plans are drawn to specification and rely on them to move the boundary wall/fence to where they believe is the correct position. In fact however the Land Registry plans are drawn generally and are not intended to determine boundaries. They are also drawn with thick lines separating the properties and therefore the boundary cannot be ascertained correctly. A width of a line on a plan can equate to several metres on the ground.
Most boundary disputes have to be resolved by the instruction of an expert who will consider the Title Deeds to the properties and various other indicators such as old photographs, witness evidence and the actual property to determine where they believe the boundary is. However, it is possible that you can obtain an expert that agrees with you where the boundary is only for your neighbour to find one that believes it is somewhere else. This is why a lot of these cases end up in the courts with a Judge making a decision based on all of the evidence as to where the boundary is.
However, litigation through the courts should always be a last resort. Many boundary disputes can be resolved through correspondence or by mediation or a ‘meeting on site’ of experts.
If your neighbour has moved your boundary or indeed you are thinking of doing the same thing specialist advice should be sought first.
A lot of disputes arise over a wall or fence being erected in the wrong place which can lead to an intolerable situation with your neighbour.
Boundary disputes are extremely stressful and can last a number of years. Therefore, it is always wise to check the position with regards to your boundary before making any changes.
Contact us for an initial free discussion.
Contact a Family Law Solicitor