Everyone’s house is their castle, and many believe that castles need to be defended, no matter what the cost. However, boundary disputes can often escalate until all reason is lost. Here are a few ways to avoid getting into a court dispute after arguing over a boundary.
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Obtain the Deeds to the two properties (even if it’s registered). These should have plans and detail where the boundary is as well as who is responsible for what.
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If the Properties are registered, obtain a copy of the Office Copy Entry from the Land Registry. This normally costs around £6 and may tell you who is responsible for which boundary.
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Beware of the Land Registry plans that attach to Office Copy Entries, they are only accurate to +/-1.2 metres. They are used more to give an indication of where a boundary lies.
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Ask previous owners of the Properties what their understanding of the boundary was. Did one or other of them maintain it as their own? This may give you an indication of who is responsible for the boundary.
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Look at the physical features present on the boundary. Sometimes an old fence or tree that has obviously been in situ for many years will help to denote the boundary.
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Consider whether or not either Party has ‘adopted’ the boundary as their own. If this is the case the doctrine of ‘adverse possession’ may apply.
If sensible discussion does not lead to a resolution of your dispute, consider Mediation. This is where a third party negotiates a settlement between the Parties, ending in an Agreement being signed at the end. A Mediation will usually last one day and normally takes place at a premises that is neutral for both parties. Mediators can be found at local Barristers Chambers or through Mediation Schemes run by the local Court. You can take legal advice before going to Mediation and have a Solicitor present although this will of course involve legal costs.
If Mediation does not solve the dispute then legal advice should be sought to see what options are available to each party. Court proceedings can be expensive, and the person who issues proceedings bears the brunt of the costs. The Court will always expect negotiation and mediation to have been considered and carried out. If they have not, you will need to have a good reason as to why not.
Ultimately the best thing to do is to try to avoid a dispute in the first place. Do not make any changes to the boundary unilaterally and ensure that any meetings, events and conversations are well documented. This will assist both parties should the matter come before the Court.
Jo McKenzie
© Barker Gotelee
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