MCP Solicitors' Guide To Boundary & Land Disputes
Boundary and land disputes present great challenges to lawyers both from a legal and practical perspective. Most clients involved in these disputes find them very stressful and with feelings running high cases often escalate beyond what first appears a simple dispute. At MCP Solicitors our lawyers do whatever they can to help you through the case, while giving clear practical advice, so you know where you stand.
Boundaries, particularly in rural areas, are often marked inaccurately on plans or in some cases the boundary fence or wall has been erected in the wrong place so it does not accord with the plan. Some home owners may be relaxed about whether they have lost a few feet of land but others feel strongly about it and wish to claim their full entitlement.
Will a dispute affect the value of my land?
If you sell a property you normally have to disclose the existence of any dispute involving that property. Sometimes disputes are unavoidable but if not you should bear in mind that they may put off future buyers.
Can I take action to rectify an incorrect boundary?
You can move a boundary fence or other marker without a court order under what is know as the self help remedy. However you need to be sure you are in the right and give the affected neighbour advance notice of your intentions.
Can I tell where the boundary is by looking at a plan?
Boundary disputes are rarely simple. Most plans are not legally definitive as to where the correct boundary line is. Evidence from previous occupants and copies of documents transferring the property are often needed before advice can be given. If in doubt consult a solicitor. If nothing else your solicitor should be able to tell you what you need to look for.
If you have legal expenses insurance this may cover the legal costs in your case. Such insurance is often added to motor or household insurance rather than being a stand alone policy. If you are not sure whether you have legal expenses insurance we can look at your policy documents for you and, if necessary, we can contact the insurer on your behalf.
It is not essential that you use the solicitors appointed by your insurers. Sometimes legal expenses insurers direct you to a solicitor of their choosing, not yours. Their solicitor will almost certainly not be local and you will not be able to meet them in person. You do not have to accept this, usually under the terms of your insurance you can insist on using a solicitor of your own choosing.
If you do not have legal expenses insurance you will have to fund the case privately. If the case proceeds to trial the cost could be thousands of pounds but we aim to resolve settlements long before they reach that stage.
