How To Win A Boundary Dispute

When dealing with a boundary dispute, it's natural to focus on the idea of 'winning.' But it's important to think carefully about what 'winning' really means in this context.

While pursuing a legal victory in court might seem satisfying, it's worth weighing the significant time, costs, and stress involved. True success might lie in resolving the dispute quickly and with minimal hassle, rather than simply prevailing in court.

In many cases, disputes can be resolved without the need for litigation. Engaging in open communication and being willing to compromise can save you time, reduce expenses, and help maintain a good relationship with your neighbour.

However, if discussions become strained, it's important to collect strong evidence to support your position. This might involve carefully reviewing title documents, boundary measurements, and other relevant information multiple times to support your position, as well as consulting with professionals like lawyers and surveyors (we'll talk about this a bit more later on).

While this preparation is important if the matter goes to court, remember that a swift, amicable resolution can often be more rewarding than a protracted legal battle.

What evidence do you need to win a boundary dispute?

In any dispute, the quality of evidence to back your claim is more important than the quantity.

Documents that can stand as strong evidence in a boundary dispute include:

Title deeds showing ownership and clear property descriptions and measurements.
Surveyor’s report.
Documents like old maps, photographs of property development over time, and deeds showing ownership transfers.
Registered property plans and photographs.
Agreements detailing covenants and restrictions.

How can experts help me win a boundary dispute?

Boundary disputes can easily become complex and exhausting. But with the help of experts, you can significantly increase your chances of winning - whatever that means for you.

Experts who can help you win a boundary dispute include:

Property Surveyors

Property surveyors are experts who conduct detailed surveys which accurately determine your property lines and identify encroachments.

A comprehensive surveyor’s report can serve as compelling evidence in court.

Property Lawyers

Besides having strong evidence, you need an expert who can skillfully bring it before the court.

Property lawyers are well-informed about legal rights and procedures, and they’re in the best position to guide you through the process.

They can advise you on the strength of your claim, gather evidence, and even negotiate with the opposing party before finally representing your interests in court if necessary.

Mediators and Arbitrators

These are experts who specialise in alternative dispute resolution. Where a boundary dispute can't be resolved personally, mediators or arbitrators can set up a resolution channel for both parties without litigation.

Usually, the court will direct parties to try mediation or arbitration before resorting to litigation.

Mediation and arbitration are usually a win-win arrangement compared to litigation which is positioned as “winner takes all”.

This is because the parties are assisted on neutral grounds to reach a mutually agreeable settlement saving time, money, and stress.

Valuation Experts

These experts can help with assessing the financial consequences of an encroachment. With their report, you can properly assess the amount of compensation or damages to apply for in court.

By assessing your position and rights, assisting with evidence gathering, and also representing you in court, experts can strengthen your position in a boundary dispute, which would increase your chance of success.

As such, it's wise to get them involved early to prevent the dispute from escalating, and if it does escalate, secure certain evidence that may help your claim.

Can I resolve a boundary dispute without going to court?

While taking a boundary dispute to court might seem like the definitive solution, it's not the only path - and often, it's not the most desirable one. Before you consider court proceedings, it's wise to explore other avenues that may be quicker, cheaper, and far less stressful.

Here's how you can solve a boundary dispute without stepping into a courtroom.

1. Open communication

Start by having a friendly and honest conversation with your neighbour. A respectful dialogue can often clear up misunderstandings and help you both find common ground.

Approach the discussion with an open mind and a copy of your property documents on hand.

2. Legal advice

If talking it out doesn't work, consulting a boundary dispute lawyer is your next step.

Your lawyer will evaluate your claims and evidence you have, advising on the strength of your case.

If you have a solid claim, your lawyer can send a formal letter to your neighbour asking them to stop any encroachments and possibly inviting them to mediation.

3. Land Registry dispute resolution

In England and Wales, the Land Registry offers a service specifically for boundary disputes in which you can submit your evidence - such as title deeds, a surveyor's report, and relevant property agreements.

This process is generally more affordable than court, though if the dispute is particularly complex, it may be referred to the First-tier Tribunal, where having a lawyer on your side is essential.

4. Mediation

Mediation involves bringing in a neutral third party to help facilitate discussions between you and your neighbour, often with both of your lawyers present.

The goal is to reach a compromise that works for both sides.

Mediation is a non-binding process, meaning any agreement reached is voluntary.

5. Arbitration

Arbitration is similar to mediation but with one key difference: the arbitrator’s decision is binding. This means that once the arbitrator makes a ruling, both parties are legally obliged to follow it. The Land Registry’s dispute resolution process can also serve as a form of arbitration, with the same binding outcome.

Boundary disputes can be complicated, and while court involvement is sometimes necessary, a peaceful resolution is more likely if both parties are willing to cooperate.

Seeking legal advice early on can help you choose the best alternative dispute resolution method for your situation, potentially saving you time, money, and a lot of stress.

When to consider legal action and court proceedings in a boundary dispute

While resolving a boundary dispute through open communication or alternative dispute resolution methods is often preferable, there are times when taking legal action and proceeding to court become necessary. For example:

If all attempts at communication and mediation with your neighbour have failed;
If the boundary dispute involves significant property value or complex legal issues;
Where the dispute is causing significant hardship - like preventing you from using your land or devaluing your property;
If your neighbour is encroaching on your property or infringing on your legal rights despite clear evidence and previous attempts to solve the matter.

While court proceedings should generally be a last resort due to the time, cost, and stress involved, they are sometimes necessary when other methods fail, or when the dispute is too complex or urgent to resolve otherwise.

It’s important to consult with a neighbour dispute solicitor early on to determine the best course of action for your specific situation.

Possible defences in a boundary dispute

In a boundary dispute, there are several possible defences that you might consider, depending on the specifics of your situation. Here are some of the most commonly used defences in such disputes:

Adverse possession

If you have been using a part of your neighbour's land openly, continuously, and without permission for a significant period (usually 10 to 12 years), you may be able to claim ownership of that land through adverse possession.

This defence hinges on your ability to prove that you've treated the land as your own for the entire period, to the exclusion of others.

Acquiescence

If the boundary in question has been accepted by both parties over a long period without objection, you might argue that your neighbour has acquiesced to the boundary line as it stands.

This defence is particularly strong if the neighbour has acted in a way that suggests they accepted the boundary.

Estoppel

If your neighbour has previously agreed, explicitly or implicitly, to the boundary line as it currently exists, they may be estopped (legally prevented) from later disputing that boundary.

This can be effective if you relied on their previous statements or actions when making decisions about your property.

Right of way or easements

If there is a pre-existing right of way or easement that has been legally established, this can serve as a defence in a boundary dispute.

Such rights allow you to use a portion of your neighbour's land in a specific manner, such as for access.

Profit à Prendre

This is a more specialised defence where you have the right to enter your neighbour's land to remove something of value, such as natural resources.

If you’ve been exercising this right over many years, it could form part of your defence.

Mistake or lack of intent

Sometimes, encroachment is unintentional. For example, if a fence was placed incorrectly due to a genuine mistake about where the boundary lies, this might mitigate the situation and lead to a more favourable outcome.

Historic use and physical markers

Defences can also be based on historical usage of the land or physical markers such as old fences, walls, or trees that have long been recognised as the boundary.

These physical markers might carry weight in court if they align with historic property use.

The success of defences like those listed above depends on the details of the dispute and the quality of the evidence you provide.

Conclusion

Boundary disputes can be incredibly draining and disruptive, but with the right support and a bit of patience, you can resolve them quickly without too much stress or excessive costs.

At Lawhive, we're here to provide fast, affordable help to win your dispute.

How To Win A Boundary Dispute

Table of Contents

Common causes of boundary disputes