Disputes & Litigation : Boundary Disputes

Boundary Disputes

Disputes & Litigation solicitors dealing with Boundary Disputes in Dorset

Because these types of disputes affect a person's main asset, their property, each party should seek legal advice as early as possible.

If a dispute arises between adjoining land owners over a boundary, legal documentation such as title deeds or lease should help determine where the true boundary lies. However sometimes, the deeds are not sufficient or due to particular circumstances of the case other issues may have to be considered as to whether the position of the boundary may have changed, by agreement, encroachment or possession (occupation without permission).

In a boundary dispute, obtaining the deeds to the affected properties and reviewing those thoroughly may assist in narrowing the issues in the first instance. If a more definitive view of the ‘position on the ground’ is required, a survey of the disputed area / boundary should be undertaken by a professional land surveyor.

Mediation tends to be a useful course of action in these matters and is recommended by the courts. Coles Miller work with trained mediators to help resolve the situation, ideally before the need for any formal action, which can be time consuming and very costly.

If the dispute cannot be resolved through mediation, formal action can be taken, either through the civil courts (High Court or County Court) or before the Adjudicator to the Land Registry if the land is registered.  However if it necessary to seek and injunction to prevent building work or development on the disputed land, the claim will have to made through the courts.

In formal proceedings, parties must be in a position to present as much evidence as they can to support their claim relating to the position on the boundary and therefore ownership of land adjacent to the boundary line. Coles Miller are experienced in resolving boundary disputes both through the Land Registry / Lands Tribunal or the courts. We are also in a position to utilise our links with other professionals who can assist on the matter where expert evidence is needed.

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