Love Thy Neighbour
Rachael Kitchman, Solicitor at Graham & Rosen Solicitors, looks at the best way to resolve a boundary dispute.
Do you get on with your neighbour – do you even know your neighbour? The response to this is likely to vary. Some of us would be happy to invite the neighbours to our summer B-B-Q whilst others have barely said two words to each other. Most, however, would agree that it is important to at least be respectful of our neighbours and keep things civil.
So, what should you do when you fall out with your neighbour about the position of the boundary between your properties?
If resolving your differences over a cup of tea is simply not an option, then obtaining assistance early is important. Problems with neighbours can quickly become stressful and distressing and when the problem is literally on your doorstep, you can’t escape it.
The problem with boundary disputes is that the law is a minefield and difficult to apply in practice. The Land Registry records the title to land but rarely records the position of the boundary because they don’t usually know where it is. The boundary line on Land Registry plans therefore is for identification purposes only. Determining the boundary position involves looking at all of the evidence available to include plans, deeds and physical and historical evidence. A surveyor is also likely to be instructed to prepare a report.
Court should be a last resort
A boundary dispute can be referred to the appropriate Court to make a decision but doing so is expensive, time consuming and can lead to irreparable bitterness between the parties. The outcome of a boundary dispute at trial is also difficult to predict and Judges usually have little sympathy for the parties. Issuing Court proceedings therefore should be a last resort.
Getting the right advice
Land owners usually approach disputes emotionally in an attempt to protect what is theirs. This is understandable but counterproductive to resolving the dispute and preserving neighbourly relations. A Solicitor with the necessary experience will take a more rational approach and will encourage you to look at the practical and economical factors. If an agreement cannot be agreed with your neighbour by discussion/correspondence, then your Solicitor is likely to recommend an alternative dispute resolution method such as mediation.
Being involved in a dispute with your neighbour is never pleasant but as you may have to live next door to your neighbour for several years, an amicable solution is always best.
Rachael Kitchman is a Solicitor at Graham & Rosen Solicitors specialising in Property Disputes and Litigation.
Graham & Rosen, 8 Parliament Street, Hull, HU1 2BB - Tel. 01482 323123 and 2-4 George Street, Cottingham, HU16 5QU - Tel. 01482 840201