Boundary disputes

Duncan Lewis Litigation Solicitors – Boundary disputes

Litigation involving boundary disputes can arise over relatively minor incursions across a boundary, leading to a dispute which escalates and can become extremely personal.

In such matters, it is important to seek legal advice at any early stage of a boundary dispute to prevent hostility between the parties – even a misplaced reuse bin can cause friction between neighbours, so it is important to seek legal help before neighbourly relations deteriorate.

Most boundary disputes cannot be decided according to the lease or deeds of a property – boundaries can alter over time and may not run according to the layout of the land in its present state. In some cases, it will be necessary to trace the history of a building or piece of land using historical documents, parish and church records and historic images or plans.

In a dispute over boundaries it is not unusual for cases to go to court, especially if independent experts appointed by the parties are themselves unable to agree on where the boundary lies.

Disputes over rights of way, or a right of way which has been established over time, can be especially complex – and in these cases, it is advisable to seek legal advice immediately.

Duncan Lewis litigation solicitors can review a case thoroughly and advise on the best way forward.

Duncan Lewis has a highly successful property department – and our in house property experts are able to advise on all property matters, including disputes over boundaries relating to:

• Adverse possession
• Antisocial behaviour
• Basement developments
• Extensions and loft conversions
• Littering and refuse
• Oil or gas drilling
• Overhanging trees, bushes and shrubs
• Party walls
• Pipes and drains
• Planning consents
• Repairs
• Right of light
• Rights of way
• Surveyors’ negligence
• Trespass.
• Walls and fences.

Duncan Lewis litigation solicitors will always advise on the most cost effective solution to a boundary dispute – including mediation and dispute resolution wherever possible to avoid costly litigation.

Duncan Lewis can also advise those considering changing boundary – eg building a wall or erecting a fence – on boundary issues before the works begin. Taking legal advice before making changes to a boundary can avoid a costly and stressful dispute over a boundary change.

For expert legal advice on property litigation and Boundary Disputes, call Duncan Lewis Litigation Solicitors on 0333 772 0409.