Boundary disputes often involve many related real property issues, such as:

Where several issues inter-link, understanding and resolving a dispute can be particularly challenging. Even apparently straightforward boundary disputes can raise tricky legal questions.

At Luscombe Gray, we offer practical and effective legal assistance to clients involved in a wide range of property disputes. Our solutions are formed from the real-world context of your objectives, or those of your business, not just abstract legal problem-solving. This means that your interests or the interests of your business are placed at the centre of everything we do for you.

If you would like to discuss how Luscombe Gray can help you or your business, please do not hesitate to contact us.

Pre-empting a boundary dispute

Avoiding a boundary dispute in the first place is much more cost effective, and less disruptive, than resolving one which has already come to a head. Speaking to the adjoining landowner before taking any action relating to a boundary is often the best way to avoid a dispute.

If you can agree where the boundary lies then this should prevent “bad blood” and hostility. However, in reality, agreement is not always so easy as parties often have different views on the location of a boundary.

If agreement can reached then it would be sensible to draw up a boundary agreement to record where the boundary is and who is responsible for maintenance. Please feel free to contact us Please feel free to contact us if you would like help in drawing up a suitable agreement.

Dealing with a boundary dispute

Documentation gathering

It is sensible to gather as much information as possible before approaching an adjoining landowner regarding a boundary.

If the land is registered – as the majority of properties in England and Wales are – you can obtain copies of the Land Registry plans to give you an idea of its boundaries. However, Land Registry plans only show the general position of boundaries and are not definitive. The Land Registry may also hold other documents (including further plans) which assist in identifying boundaries.

If the land is unregistered, you should have access to copies of the title deeds which may include documents to assist in identifying the boundaries.

Old planning applications and photographs can also be useful.

Please contact us if you would like help in examining Land Registry documents, title deeds or any other documentation.

Instructing a specialist surveyor

Documentation only goes so far and it is often necessary to instruct a specialist surveyor to carry out an examination of the boundary features (such as old fence posts). A surveyor can use this information in conjunction with all available documentation to prepare a report and plot the boundary.

You may wish to instruct a surveyor before approaching a neighbouring land owner. Alternatively, you may decide it best to outline where you consider the boundary lies and, if they disagree, suggest that you jointly instruct a surveyor on the understanding that you will both be bound by that surveyor’s decision. Please get in touch with us if you would like advice based on your specific set of

Court action

Where a dispute cannot be resolved through discussion or presenting evidence to a neighbouring land owner, you may need to take further action. There are various mediation schemes available, but ultimately the case could come before a court.

Seeking legal advice early

If you have prior warning of a potential boundary dispute, consulting a specialist property litigation solicitor before taking any action can place you in a better position overall.

Luscombe Gray can help you to formulate strategies to minimise the effect a boundary dispute will have on you or your business, ensure that you or you business are fully prepared should court action ensue, or even prevent the dispute altogether.

Instructing Luscombe Gray

Luscombe Gray is a boutique commercial and property litigation firm, providing a tailor-made service to all of our clients.

We take a firm ethical approach to handling your case – avoiding the needlessly antagonistic methods employed by many litigation firms.

We believe first-class legal support should be available to everyone. We can help whether you need advice as an individual homeowner, or on behalf of your business. No matter how many properties you or your organisation may own – we are more than willing to provide our services and put our specialist skill and knowledge at your disposal.

Your case will be handled by Chris Luscombe personally, so you can be certain that you or your business will be able to call upon the expertise of an experienced commercial and property litigation solicitor. Throughout his career, Chris has helped a wide range of clients with their property disputes, from private clients, to small businesses, national pub companies, and multi-national telecoms giants.

Luscombe Gray is based in the heart of Yorkshire, in Harrogate, with the reach to assist clients across the country.

If you or your business need legal support on a boundary dispute, contact Luscombe Gray for clear, ethical, expert advice.

Speak with a litigation expert today

Request a Consultation