Boundary disputes
Boundary disputes are one of the most common problems between neighbours and one I deal with regularly. Numerous solicitors instruct me to represent their clients in boundary disputes and you can get direct access to my advice through the Public Access service.
The argument often starts when a new neighbour moves in and believes the boundary fence or wall is in the wrong place. This might be because of what the title deeds say, what is on the land registry plan or because they’ve seen an old photo of the boundary. Equally there can be arguments about who should maintain a fence or wall or whether a boundary wall should have an access gate in it.
Boundary disputes can be quite complicated. The law is not as simple as what is shown on a plan and can involve a detailed historical study of title deeds and considering a wealth of laws and legal cases. All too often a boundary dispute becomes heated before anyone has taken legal advice about where the boundary should actually be or how an agreement might be reached.
I normally become involved in boundary disputes after several months when high legal bills have already been incurred by neighbours sending legal letters to each other. Often an early analysis of the situation can save thousands of pounds in the long run.
If you want early advice or are already involved in a boundary dispute and need expert help, please contact me.
Easements & rights of way
Many people experience unexpected problems with access rights on their property. It might be losing access because of the actions of a neighbour or other people having a right to cross your land. Access problems can often involve a mix of boundary disputes, rights of way and easement problems. It can be as simple as to whether a gate in a garden wall has been moved or bricked up to whether it is possible to get to your property without trespassing. These problems are extremely important to the convenience of a property owner and often involve considering a number of inter-related areas of property law.
Easement = a legal right over someone else’s land for the benefit of your land, e.g. the right to have water pipes run under their land to supply your house or to cross their driveway to get to your front door.
Right of Way = a legal right to walk, ride or drive on another’s land. This can be particularly important if you have a right of way passing over your land because you may be responsible for making sure anyone using the right of way can do so safely. If they injure themselves, you might be liable for their injuries.
I deal with these kinds of disputes on a regular basis. Sometimes the issue is straight forward and easy to resolve, but many are quite complex. It is important to know from the outset how complicated an issue is and what options are open to the land owner who either has a problem or who is being threatened with legal proceedings by a neighbour.