Land disputes arise when there is conflict over the usage or ownership of land. Such disputes can cause an increased amount of stress and unnecessary conflict; however, in some situations, it may be necessary to file a case for a land dispute.
What is classed as a land dispute?
A land dispute is a disagreement over the ownership, usage or possession of land. Land disputes can be complex and contentious, meaning they may often require legal assistance to help resolve the dispute.
Common types of land disputes
There are a few common types of land disputes, including:
Boundary Disputes - These disputes occur when neighbours have disagreements about the exact location of their property lines.
Encroachment - This occurs when a neighbour builds a structure or extends their property onto your land.
Contract Disputes - These disputes arise when either party fails to comply with the terms of a land or property contract.
Adverse Possession - This occurs when one party occupies and maintains land with the intention to possess it, however, they do not have the owner’s consent.
How do you file a dispute over land?
More often than not, you will need to produce a ‘letter before claim’ and allow the other party to have time to reply. A claim can be filed at court or the lands tribunal, which is now called the First-Tier Tribunal.
If you are looking to file a dispute over land, the first thing you should do is seek legal advice. Here at AFG Law, our team of boundary dispute solicitors can advise you with the best course of action for you and your specific circumstances.
We can assist you with gathering all the relevant information, as well contacting surveyors for determining boundary lines that can also be used as evidence in court. We can also assist you outside of court, by helping to guide mediation processes between you and the other party.
What evidence is needed for a land dispute?
When trying to resolve a land dispute, there are a few different pieces of evidence that can be used.
Some of the most common evidence used in these disputes include:
- Title deeds
- Ordnance surveys and maps
- Photographs, including ariel and historical photos
- Written and signed documents and statements
- Witness evidence
Is there a time limit for filing a land dispute?
No, there is no time limit for filing a land dispute in court.
However, time limits are often confused with the rules of adverse possession. Under this rule, the true owner of the land may not be able to recover their land after 10 -12 years of continuous adverse possession.
The legal options for filing a land disputes
As we’ve mentioned, one of the first options for filing a land dispute in the UK is to send a letter before claim. Once this has been sent, you should allow the other party to have time to respond.
A letter before claim can also be filed to the First-Tier Tribunal if you do not get a response from the other party. For some cases, this may result in the dispute being resolved fairly quickly; however, others may take months or even years to get resolved. Sometimes, an injunction may be used in land disputes, such as blocking someone's access to land. If you are facing an injunction, we highly advise you to seek advice early.
Mediation is a sensible way to resolve a land dispute and can prevent the dispute from escalating to court. If a mediator is able to attend the site, this can help to create solutions that you may not have considered or could not be resolved through court. Mediation can also help resolve cases quickly, but it does require the co-operation of everyone involved.