Boundary Disputes – A warning from the Courts

(Steward v Gallop & Gallop [2010] EWCA Civ 823)

There have been a number of cases involving boundary disputes before the Court of Appeal this year. The Court of Appeal has given a warning to potential litigants to give as much consideration to the costs of pursuing these types of disputes through the Courts as to establishing the position of the correct boundary between their properties. In Wilkinson & The Estate of Brian Wilkinson v Farmer [2010] EWCA Civ 1148 Lord Justice Mummery stated that:

“Everybody agrees that, if at all possible, disagreements between neighbours about rights of way, boundaries or whatever should be settled without ever going near a court.”

Boundary DisputesHowever, Lord Justice Mummery was also quick to point out in the same case that although some of the neighbour disputes that are before the Courts may seem trivial to others, the parties involved are entitled to have their dispute resolved through the civil justice system.

Problems can arise with not only the position of the boundary between you and your neighbours but also if there is a right of way over part of your land. This is quite common where there is a shared driveway or shared access to garages. This problem can affect commercial premises just as easily as residential properties if there are rights of way and they are not clearly defined in the lease or on the lease plan. Therefore, when considering moving into commercial premises you should ensure that there is a sufficient access way for vehicles and turning areas if your business involves deliveries or collection of goods.

When considering buying a residential property you should try to ensure that you will be able to live in the property where your neighbour has a right to either walk or drive over part of your land.

Prevention is better then cure

There is no doubt that the best way of avoiding any property dispute is to make sure that when you purchase a property you know exactly where the boundary between your property and your neighbour’s land is situated. If there is any discrepancy between the title plan and what is on the ground make sure that you ask your Solicitor to check the position with the seller and do not exchange contracts until you are happy with the reply. You can also ask your Solicitor to specifically ask the seller’s solicitor if there has ever been any dispute over the boundary or any right of way that there might be over the property. You should check carefully the extent of any right of way over, for example, a shared driveway, to make sure that you are happy with it before you agree to buy.

You can also ask your Surveyor to check the H M Land Registry plan against the boundary when he/she carries out the survey. At least then any problems will come to light and you can decide if you want to go ahead with the purchase.

If a neighbour dispute does arise what should you do?

If a problem arises the best course of action is to act quickly and try to prevent the dispute from escalating. Quite often a problem can arise if new neighbours move into the area and they are not aware of the legal position of the boundary or shared driveway. You should always try to resolve the matter amicably if it is possible but do not delay in seeking legal advice to ensure that a simple dispute about parking or the position of a fence does not get out of hand.

Remember that after the dispute has been resolved you will either have to continue living at the property or, if you decide to sell, the dispute with your neighbours will have to be revealed to any potential buyers.

As Lord Justice Mummery warned:

“The parties might be horrified to discover that the litigation has blighted their properties, as well as their lives.”

How can we assist?

There are alternatives to taking a neighbour dispute through the Courts and risking spending thousands of pounds in legal fees which may not be recoverable. Court proceedings of any kind are stressful and will not achieve a quick result. Our advice is always to try to explore other means of bringing the dispute to an end if that is possible.

We can advise you on the quickest and most cost effective way to try to resolve the dispute. This could either be simply through negotiations with your neighbour or their Solicitors or through a formal mediation where a resolution can be achieved which is more flexible than can be achieved through the Courts.

We will assist you to try to achieve a settlement which is acceptable to both you and your neighbour.

If you would like to find out more or have a question please call us on 0845 300 3574 or use our contact form.