What is a boundary?
A boundary is a line separating two or more properties. It usually is not represented physically, and homeowners traditionally mark their boundary with a fence or wall.
The boundary lines on your HM Land Registry plan don’t always accurately reflect the true position on the ground, as boundaries may have started out as a straight line but over time may have moved due to the removal and replacement of the boundary; agreements between predecessors of property; and various other factors.
The defining of land boundaries is also an imprecise science because of the way in which boundaries were identified and recorded historically – in the case of listed buildings, resolving a boundary dispute can be complex and involve researching boundaries back to the start of the Land Registry in 1862
Adverse Possession
It may be that you have an area of land within the boundary of your property that is not legally registered to you. A claim in adverse possession of land (or squatting) may mean that you can, after a certain period of time, legally claim it as your own.
Many adverse possession cases, whether residential; commercial; or agricultural, are disputed. They are eventually decided before an Adjudicator of HM Land Registry, or in court proceedings before county/high court judges.
Click here to read more about how our barristers can advise and represent you in claims for or against Adverse Possession
Boundary Disputes
Neighbours can live alongside one another in peace, but often they do not. The disharmony between neighbours can arise when neighbours disagree about where a boundary lies; the extent or quality of work on a boundary; or if something on one neighbour’s side of the boundary is negatively affecting the other’s boundary:
At Mercantile Barristers, our barristers are experienced in advising and litigating on the following boundary disputes which may arise between neighbours:
Easements
An easement is the general term for the right to enter or use someone else’s property for a specific purpose. An easement can be written down in the Official Copy Entry of either owner’s title register at HM Land Registry. An easement can also be acquired over a period of time, simply by someone exercising the right on a regular basis. The four main categories of easements, over adjoining land are a right of way; a right of light and air; rights of support; and rights to artificial waterways.
Click here to read more about how our barristers can advise and represent you in disputes regarding Easements disputes.
Nuisance
A nuisance is caused as a result of a lawful, but oftentimes, unreasonable use of one person’s land which has an adverse effect on another’s land. There are two types of common law nuisance: private nuisance and public nuisance.
Click here to read more about how our barristers can advise and represent you in Public and Pr claims
Party Wall Disputes
Boundaries also have their own unique set of rules when building work is being conducted at, or close to them. If such work is being carried out, you should ensure that the dispute resolution procedure in the Party Wall Act 1996 is followed so that building owners and adjoining owners either enter into a suitable party wall agreement; or the relevant notices are issued before a party wall award is made.
Click here to read more about how our barristers can advise and represent you in Party Wall Disputes
Pre-trial Injunctions
Homeowners experiencing problems with neighbours can apply to the Court for an order to stop their neighbour from conduct that causes their property harm, or damage. An order could also be made to compel a neighbour to conduct certain works to their property to protect their neighbour’s property rights. Significant penalties can be incurred by anyone breaching the injunction.
Trespass
If you own property, or a piece of land, you have the right to keep unwanted people; objects; and obstructions from entering or encroaching on it. The law also protects this right by allowing landowners to bring actions in trespass against those entering property without the landowner’s permission.
Mercantile Barristers Property Litigation barristers have a wealth of experience in handling cases and boundary dispute claims. Our barristers have experience and expertise advising homeowners; landowners and commercial property owners on boundary disputes and whether they ought to be resolved by pre-action correspondence; alternative dispute resolution; or litigation.
Contact our Property Litigation barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.
How Our Process Works
You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with you to make the arrangements to advance your case.
Our specialist clerk will match you with the barrister with the expertise to deal with all aspects of your case. They will also obtain and organise the papers the barrister will have to consider in your case.
Our clerk will agree the fee for your consultation with the barrister beforehand. The clerk will then arrange a convenient time for you to have the consultation by video call, telephone or in person.
In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.
Fill in the form below and one of our specialist clerks will get in touch.
