Unfortunately a dispute about a boundary is a common occurrence and often leads to strained relationships between neighbours over what can sometimes be a relatively small piece of land. Such a dispute can quickly become highly emotional and often involves ditches, fences and boundaries between neighbours.
How do I resolve a boundary dispute?
The most sensible (and cost effective) approach to a fence and boundary disputes between neighbours is to try and reach compromise or agreement with a neighbour by way of good communication early on and the use of formal or informal mediation to try and seek a resolution. It may be that a boundary surveyor is required to review the information contained in your title deeds and try to plot on the ground where the most likely position is of the boundary.
If relations with the other party are so strained that communication between you is not possible, seek expert assistance early on by way of a boundary surveyor and lawyer to make contact with the other party to set out their position and to potentially mediate early to avoid what can be an extremely long and very expensive set of court proceedings.
How long can it take to resolve a boundary dispute?
It very much depends on whether the parties are prepared to fully engage with a surveyor and lawyer to seek a resolution, if they are open to mediation it may be resolved relatively quickly. Those entrenched in the dispute, with one or other party not agreeable to mediation, may find that the matter takes in excess of a year if court proceedings are required to reach a decision on the boundary.
Who should I contact to assist me?
A boundary surveyor will be able to assist you with plotting what is the most likely position of the boundary. You may wish to obtain a preliminary view before taking matters further or you can agree with the other party to instruct an expert on a joint basis. A lawyer will assist you with the formal instruction of the expert if you feel you need this and can also take over the negotiations with the other party.
Conclusion
Instructing a surveyor and lawyer to assist with resolving a boundary dispute can mean that some of the weight of such an emotional dispute is taken off your shoulders with advice, support and guidance being given throughout. Seek advice early on even at the point when you think there may be an issue with a boundary so that you are forewarned and can make an informed decision right from the outset.
For any advice related to boundary disputes or any issues regarding property disputes do not hesitate to contact me on caroline.knowles-ley@cognitivelaw.co.uk or call on 01243 943203.
For more information on our Property Dispute services please click here.