Homeowners that believe their property is being infringed upon or their boundary line is incorrect sometimes have to go to court to settle the dispute. However, this can be costly and can cause an increased amount of unnecessary conflict and distress.
Thankfully, you don’t always have to go to court for a boundary dispute and in this guide, we’ll discuss these alternative methods, helping to save you time and money.
How are boundary disputes typically settled?
There are a few ways boundary disputes are typically settled, including:
- Mediation
- Professional surveys
- Boundary agreements
- Deed of rectification
You can read our full guide on how to resolve a boundary dispute to find out more information on the methods mentioned above.
Do boundary disputes go to court?
Yes, in some cases boundary disputes do go to court. This is usually the case if previous methods of settlement, such as mediation, have not worked or the issue is escalating.
If things have progressed to the point where you and the other party cannot agree on the boundary, then your next step should be to consult a Boundary disputes can be complex, however, our solicitors can help to interpret and understand these complexities.Ways of resolving a boundary dispute without court
While taking a boundary dispute to court may seem like the easiest option to try and achieve the outcome you’re looking for, it is not the only path and there is no guarantee that the outcome will work in your favour.
Before you consider resolving a boundary dispute through court, it is a good idea to explore other avenues first.
Open communication
One of the very first things you should do is to have an open and honest conversation with your neighbour. Open and respectful communication can help to clear up any misunderstandings and help you to achieve common ground.
You should approach the conversation with an open mind, but don’t feel afraid to use any documents you have to support your point, such as any relevant property information.
Legal advice
If talking about the issue doesn’t work, consulting a dispute resolution lawyer should be your next step.
The lawyer will evaluate your case and all of the evidence you have, advising on the strength of your case.
If your lawyer believes you have a solid claim, a formal letter can be written to your neighbour asking them to abide by your boundary requirements and possibly invite them to mediation.
Mediation
Mediation is another form of open communication, except it involves bringing in a neutral third party to help facilitate discussions between you and the other party.
The goal of mediation is to reach an agreement that works for both parties.
Land Registry dispute resolution
In England and Wales, the Land Registry offers a service for boundary disputes in which you can submit your evidence in regards to your boundary disputes. You can submit documents such as title deeds, surveyor reports and other relevant property documents.
This process is usually more affordable than court; however, if the issue is particularly complex, it may be quicker and easier to have the issue go to court. This way, you will also have a lawyer on your side to assist you during the legal proceedings.
Arbitration
Arbitration is similar to mediation - once the arbitrator has reached their decision, both parties are legally obliged to follow it.
The Land Registry dispute resolution process can also act as a form of arbitration, with the same legally binding outcome.
What happens if you have to go to court with a boundary dispute?
If you have tried to settle your boundary dispute outside of court and all avenues have failed, then it is important to collect a strong amount of evidence that you can use in court to support your position. The court will expect both parties to clearly state their cases and exchange the relevant documents in order to support their case.
Boundary disputes can have far-reaching consequences when they are dealt with in court, which is why it is important to not always assume the decision will work in your favour. If the decision goes against you, you may end up having to remove a fence, wall or building and construct it back in the right location.
The benefit of legal advice when dealing with a boundary dispute
Legal advice can be invaluable when it comes to dealing with boundary disputes as it can help you to understand your legal rights. A solicitor will advise you on what documents you will need, the terms of a potential settlement and the weakness of your neighbours position.
A solicitor will also help you to gather useful and relevant evidence, including surveys and historic evidence that can be used both in and outside of court when trying to come to an agreement.
At AFG Law, we can help you to protect your land and your interests, helping to resolve your boundary disputes through effective communication and expert advice.
To discuss any issues you may be facing in regards to your property and boundary issues, get in touch with our team today to see how we can help you.