Land disputes between neighbours are common when the boundaries between neighbouring land is unclear. This is because in England and Wales, there’s often no record of the exact boundary between two properties, or who owns the hedge, wall, tree, or fence between two properties. Resolving these disputes is a complex process that can often require the need to refer to title plans, aerial photography and historical documents.

This is a comprehensive guide for property owners, tenants, and developers involved in land disputes. The content will cover the types of land disputes, the legal rights of parties involved, and the steps for resolving disputes. 

We’ll cover common issues such as boundary disputes, land access rights, and disagreements over land ownership or usage.

We’ve written this for:

• Property owners involved in boundary disputes or land access issues
• Developers facing disputes over land ownership or rights
• Tenants or landowners involved in disputes with neighbouring properties
• Legal professionals advising clients on land disputes

The goal is to inform you about the complexities of land disputes and outline the importance of seeking expert legal assistance from Lawhive to ensure a timely and effective resolution. After reading you should be aware of the strategies you can use to resolve your land dispute.

Types of land dispute

Let’s explore the variety of land disputes that you may experience. 

Boundary disputes

Disputes can arise when there are unclear or contested property boundaries between neighbours. 

Some of the most common reasons for boundary disputes include:

• Changes in ownership – when a property changes owners disputes can arise
• Lack of evidence – to confirm property boundaries, especially when there was no formal agreement in the past
• Poorly erected fences - or replacement fencing in the wrong position
• Misunderstandings – over long-term use, or abuse of long-term use
• Differing interpretations – different opinions on historical documents, maps and verbal agreements
• Poor quality surveys – mistakes made by surveyors
• Boundary descriptions – inadequate boundary descriptions in documents

Access and right of way disputes

The issue of access rights is one of the most powerful and triggering in the wider field of land disputes. Disagreements over public and private rights of way are common.

Access and right of way disputes occur when:

• Blockage – when someone blocks a public or right of way
• Route changes – when a private landowner tries to change the route of a public right of way
• Excessive use – when a claim is made that someone is using a right of way excessively, or in a way that is out of keeping with the right 
• Maintenance – when there is a disagreement over who will pay for the maintenance of a right of way
• Development – when a development is planned within the right of way
• Misunderstanding – when someone misunderstands their right of way or believes they own an area used to access their property
• Land use – when someone’s land is used as a right of way without asking permission

Ownership disputes

When two or more parties claim ownership over a parcel of land ownership disputes occur.

This can happen when:

• Misrepresentation – a seller misrepresents the land that an owner is purchasing
• Informal agreements – when agreements were reached in the past and a new owner wants to make a change
• Adverse possession – or squatter’s rights, disputes over ownership can occur when someone has occupied and lived in a property they don’t own for 10-12 years

Easement disputes

Easements are legal agreements that give someone the right to access or use someone’s land without owning it. A common example is the right for utility companies to access someone’s property to maintain pipes and cables.

Common reasons for disputes include:

• Unclear wording – when the wording of an easement is unclear each party may have a different interpretation of what is allowed
• Excessive use – if a party uses the easement too regularly, or their use is out of keeping with the easement 
• Lack of maintenance – disagreements can arise if the responsible party fails to maintain the easement
• Lack of understanding – when either party is unsure about the extent of the easement and the benefit or burden it passes to them, disputes may occur
• Preventing access – when one party prevents access to the easement this can cause tension

Legal process for resolving land disputes

There are a number of methods for resolving land disputes. Before taking any legal steps the most important thing to do is to begin gathering evidence via various documents and records of what has happened.

Gathering evidence

To make your case, whether through alternative dispute resolution (ADR) or in legal action, you will need to gather relevant evidence to support your case. Useful evidence includes property deeds.

Property title deeds and property plans can provide the starting point for any boundary dispute. Tracking down the original conveyance, any property descriptions, recorded agreements and restrictions about land or property use can also prove useful.

Historical documents and photography can also support your claim in a land dispute. This is because boundary markers such as fences, walls, trees, ditches and streams can be mentioned in deeds and historical documents, outlining where a property boundary is. They may also mention where a property’s past boundaries were.

Evidence can also include witness statements from neighbours who have knowledge of where property boundaries lie, or used to lie.

Local regulations can also be used to draw insights into the intended use of land and where boundaries are. 

If these documents portray clear information, a boundary dispute may be settled early.

Negotiation and mediation

With your supporting evidence compiled, most land dispute solicitors will urge you to give negotiation and mediation a chance. This is because settling out of court can save a lot of time and money compared to the expensive and drawn-out process of resolving a land dispute in the courts. 

Negotiation and mediation can be used as an alternative to legal action in resolving land disputes. 

Simply sitting down and discussing the matter with the other party with the openness to try to resolve the issue amicably solves the majority of land disputes. It is important to communicate calmly and openly taking the emotion out of the discussion. Try to refer to the facts – bringing any evidence you have along with you can help the other side understand your position.

Before beginning negotiation, it can be a good idea to seek legal advice as an expert land dispute solicitor can help you compile evidence, understand what your rights are under certain documents and build a compelling case to present to the other side. This preparation can help you resolve a dispute quickly and cost-effectively. 

You may have to try mediation if the situation is too charged to get around a table with the other party, or if you were unable to come to an agreement via negotiation. 

Mediation is an informal process run by an unbiased professional known as a mediator. In a mediation process, a mediator will facilitate conversations between both parties and attempt to help them reach a mutually acceptable agreement. They do this by making suggestions that neither party has considered and presenting the other side’s views without bias. 

Mediators don’t make binding decisions, so it is up to both sides whether they accept a mediator’s suggestions and abide by the agreement made. 

Taking legal action

When negotiation and mediation haven’t provided a solution, taking legal action is the final resort. There is a process to follow when taking legal action in land dispute claims which an expert solicitor can guide you through. 

Here’s an overview. 

Firstly, you will need to send a letter of claim. This is a legal letter informing the other party of your intention to begin legal proceedings, outlining your claim and the result you intend to pursue. It should set a deadline for them to respond.

A claim may then be filed at court or the Upper Tribunal (Lands Chamber). A solicitor can advise you on the best option for your circumstances. 

Surveyors are often appointed by both sides to determine a property’s exact boundaries using special equipment, legal descriptions and boundary markers. Of course, your surveyor and the other sides surveyor may have differeing views. It’s therefore important to hire the most experienced surveyor possible, especially those who have expertise in your specific land dispute.

Surveyors are one of the primary expert witnesses you’ll call on at court to present evidence backing your claim, so it is essential to instruct them ahead of time and allow them to prepare compelling evidence for your solicitor to build into a winning case.

Court orders and injunctions

Depending on your case circumstances. There are various legal remedies available through the courts. These include injunctions to prevent trespass or enforce land existing access rights.

Risks and considerations

When deciding how to approach your dispute there are some risks and strategic considerations you should address. 

Whether you decide to litigate is a case of the potential expense of taking a land dispute to court. The costs and risks to consider include legal fees, expert witness fees such as hiring surveyors to assess boundary lines or to provide expert testimony during legal proceedings. You will also have to pay court fees and you will face mediation costs, if that’s the route you take.

There is also the risk of being ordered to pay the other party’s costs.

Unresolved land disputes can affect property value and saleability, particularly if access or ownership rights are unclear. This is because you’ll attract fewer buyers and those that are interested may make lower offers due to the risks of taking on a potentially expensive land dispute. 

FAQs

How do I resolve a boundary dispute with my neighbour?

Whether as a result of negotiation or mediation you can decide to make a boundary agreement with your neighbour, this is one way to resolve a dispute through a legal agreement. 

You can also apply for a determined boundary, this creates a record of the exact boundary between yours and your neighbour's property. If your neighbour disagrees with the ruling the issue may be referred to a tribunal. 

Other legal routes include seeking an injunction to prevent someone’s access or a court order to revoke an easement. 

Negotiation and mediation are two options that keep a dispute resolution process amicable and out of the courts.

How long does it take to resolve a land dispute through the courts?

The time needed to resolve a land dispute through the courts can be anywhere between a few weeks and few years. 

It depends on the complexity of the case:

• The amount of evidence that needs to be compiled
• The other party’s approach
• Court delays and tribunal delays
• Whether an appeal is made to a judgement 

How much does it cost to resolve a land dispute?

The cost for a licensed solicitor to help with a Land Dispute is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £100-£180, but in some cases, it could cost as much as £300.

Other costs include court fees and surveyor fees and associated costs such as registering a title. 

Why choose Lawhive for land disputes?

Here are some of the main reasons to choose Lawhive to resolve your land dispute:

• Lawhive’s legal expertise – our solicitors have extensive experience in handling land disputes, ensuring that property owners and tenants can resolve issues effectively and protect their rights
• Technology allied with legal expertise – we utilise technology to streamline the land dispute resolution process, making it easier and more cost-effective for clients
• Client-centric approach – we’re committed to providing tailored legal advice and ensuring that land disputes are handled with care and efficiency

Land dispute legal advice

Resolving land disputes promptly gives you the right to use land in a certain way as soon as possible. Speed may be of the essence if you need permission to start building works, want to prevent someone from trespassing on your land, or need to take legal action quickly.

Seeking professional legal advice can help you to navigate the complexities of land law. Property owners and tenants involved in land disputes will benefit from seeking expert legal assistance from Lawhive to ensure their rights are protected and disputes are resolved effectively. Get a free legal assessment today.

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