Boundary disputes between neighbours are not uncommon, but they can turn bitter quickly.
If you are in dispute with a neighbour over where your property ends and yours begins, you might have seen references the 7 year boundary rule thrown around.
It is important to understand this rule before moving forward with any kind of legal action in relation to boundary or land disputes, as your initial interpretation of it may not be correct or relevant to your case.
What is the 7 year boundary rule?
The "7 year boundary rule" implies that a person who does not legally own a piece of land can become the legal owner if they have openly used it without challenge by the owner for 7 years.
But this isnât strictly true. The law on adverse possession is much more complex than that.
In fact, how long you must adversely possess land before claiming the title depends on a number of factors such as whether the claim relates whether or not the land is registered with the land registry and when possession began.
In reality, with all things considered, itâs more likely a person will need to have used a piece of land for either 10 or 12 years before they can claim the title.
Exceptions to the 7 year boundary rule
The 7 year boundary rule doesnât apply to every case.
For example, if a piece of land is registered with the Land Registry, it can be harder to claim the title using this rule.
Furthermore, if the land is meant for everyone to use (public right of way) this rule canât be applied either.
Itâs also important to note that if the legal owner has already taken legal action to stop you from using their land, then itâs unlikely you could win a boundary dispute using this rule.
When can the 7 year boundary rule be used
To use the 7 year boundary rule to claim eventual ownership of a piece of land, a person must have used it openly and visibly for at least 7 years without challenge from the real owner.
A claimant must also be able to provide evidence of the above. And even then it is not guaranteed they will be successful in their claim.
Here are a few examples where it might apply:
Someone may notice unused land and decide to occupy it intentionally to become the owner;
It comes to light that part of a property ownerâs land is on a neighbours side if a fence or dividing wall is discovered to be in the wrong place. In this situation, the neighbour may be able to gain ownership of the land on their side of the fence.
7 year rule and boundary disputes
As you can see, the law around the 7 year rule, boundary disputes, and adverse possession is complex.
If you and a neighbour are in dispute over a boundary, itâs always worth first having a conversation with them to see if you can reach agreement.
But if you do think you have a claim for adverse possession, then itâs important to seek legal advice from a solicitor in the first instance to truly understand your position in the eyes of the law.
At Lawhive, our team of expert solicitors are on hand to help you solve your neighbour dispute quickly and affordably.
We connect you to experienced lawyers fast, at an affordable and fixed fee. So why wait? Take action now and tell us about your case through our online form.