In this article, our commercial property solicitors walk you through boundary disputes, common causes and their implications. We consider what evidence you should gather, likely costs and timelines involved in such cases. We also explain what you can expect if you find yourself at the heart of a boundary dispute, and what remedies might be available to you.
Contents:
- What is a boundary dispute?
- What are the common causes of boundary disputes?
- Can boundary disputes affect the value of my commercial property?
- What evidence is required to resolve a commercial boundary dispute?
- How to resolve a boundary dispute
- What are the legal remedies available for resolving boundary disputes?
- Is there a time limit for boundary disputes?
- How long does it typically take to resolve a boundary dispute?
- What costs are involved in resolving a boundary dispute?
- Summary
What is a boundary dispute?
A boundary dispute is when two or more parties can't agree on where the boundaries dividing the properties lie. It can also involve disagreements about who is responsible for maintaining boundary features – such as fences, hedges, walls etc. Boundary disputes can quickly get out of hand and rack up costs. Parties might need to get surveyors, solicitors, or mediators involved to help settle disputes.
What are the common causes of boundary disputes?
Changes in Ownership: When properties change hands, new owners may have different interpretations of the extent of property boundaries compared to the previous owners, especially if property deeds are unclear or earlier conveyances are poorly drafted, leading to disputes.
Adverse Possession: Where one party has been in exclusive possession of a portion of land for a certain period of time that extends over the legal boundary into the neighbouring title, they may have acquired legal rights over that land.
Development or Construction Works: New development or construction projects in close proximity to neighbouring land can trigger disputes if the work raises questions about boundaries. In particular, the installation of fences or landscaping, or the building of new structures can lead to conflicts if they encroach upon neighbouring properties, or if the neighbouring owner believes they have been erected (or re-erected) in the wrong position.
Failing Boundary Features: Sometimes no one questions who is responsible for maintaining a boundary feature, such as a wall, fence or hedge until that feature falls into disrepair and calls into question who should bear the costs of repair/replacement.
Poor Relations with the adjoining land owner: Sour relations or misunderstandings between the owners of neighbouring land and poor communication can be a breeding ground for boundary disputes.
Can boundary disputes affect the value of my commercial property?
Boundary disputes can indeed impact the value of your commercial property. Uncertainty or disagreements about property boundaries can make potential buyers or investors uneasy, affecting the perceived value of the property. Boundary disputes, or any form of dispute for that matter, can be quite costly to resolve and may not be something the buyer wants to inherit. Although it may not be apparent on the face of it when marketing the property, such disputes are often revealed during due diligence stages when the buyer is making enquiries about the property. It's essential to address boundary disputes promptly to protect the value of your commercial property.
What evidence is required to resolve a commercial boundary dispute?
Historic Title Deeds: The Land Registry title plan indicates general boundary lines only and cannot be relied upon exclusively as evidence. Instead, historic title deeds including conveyances and plans are relied upon, particularly the original deed/root conveyance that divided the parcels of lands.
Boundary Surveys: Obtaining a report from a specialist boundary surveyor is key in helping to resolve boundary disputes. They use a combination of historical research, physical measurements, and advanced surveying techniques to establish and mark property boundary lines.
Boundary markers: Photographs of any visible boundary markers, landmarks, or physical features that define the boundary can help establish and define property boundaries.
Surrounding Circumstances: the presumed intention of the parties, long-term use/occupation and other extrinsic factors can help in understanding extent or ownership of boundaries. There are also various reputable presumptions that can asserted, such as the ‘hedge and ditch’ rule which presumes the boundary runs along the opposite edge of the man-made ditch from the hedge or bank.
How to resolve a boundary dispute
Although not compulsory, there exists a Boundary Disputes Protocol which provides guidelines for resolving boundary issues between property owners. The protocol encourages early communication and cooperation to reach an amicable resolution. The key steps outlined in the protocol cover:
Initial Communication: The protocol emphasises the importance of open, early, and respectful communication between the parties involved in the boundary dispute. This includes sharing relevant information and documents related to the boundary, as well as discussing potential solutions. Parties may be able to reach an agreement, avoid legal intervention and maintain neighbourly relations.
Professional Input: If initial communications fail, the protocol recommends seeking expert guidance from chartered land surveyors or boundary experts. Expert input can help you gain clarity about the strength/merits of your case, and inform what steps you take next. Your solicitor can write to the owner of the neighbouring property, explore options and negotiate on your behalf. They can also help you source and instruct a boundary surveyor.
Mediation: If the dispute persists, the protocol encourages the use of mediation to facilitate constructive discussions between the parties. Mediation can be an effective alternative to formal legal proceedings and involves engaging a neutral third party to help guide parties to a mutually acceptable position.
Boundary Agreement: If the parties reach an agreement at any stage, it is helpful to formalise and document the resolution in a written boundary agreement. This document can be registered at the Land Registry.
Court Action: In cases where all other avenues have been exhausted, legal action through the courts may be necessary as a last resort.
What are the legal remedies available for resolving boundary disputes?
Determination: Taking into consideration all the evidence, a judge can decide on the position of the legal boundary line between two properties. Judges do have a wide discretion in this regard, and the ruling may not be what you expect. Once determined and recorded this will bring clarity for parties going forward and bring an end to the dispute.
Injunction: A judge can order the removal of structures or features deemed to be encroaching onto neighbouring land.
Damages: Parties can also be awarded compensation if they have suffered financial loss as a result of encroaching boundaries or for example, if they have borne the costs of repairing boundary structures that are deemed to be in the other party’s ownership.
Settlement Agreements: Parties can agree to settle the dispute, and formally record the terms agreed, actions to be taken by each party and position on costs in a legally binding document. For example, the settlement agreement can bind the parties to accept as the legal boundary the line plotted by a neutral surveyor.
Boundary agreement: If parties are able to reach an agreement as to the boundary line or boundary feature, this can be documented and recorded at the Land Registry. Where the agreement reached as to the boundary line involves single or mutual transfers of land between neighbours, these should be executed and registered with the Land Registry first, because the boundary agreement itself does not have this effect.
Determined boundary: Either party can apply to have the precise location of the legal boundary formally recorded at the Land Registry (and will apply to new owners when the properties are sold). This can be a costly process and involves heavy evidential requirements including appointing a chartered land surveyor to expertly determine, define and map the boundary line together with reference to property deeds. If the Land Registrar is satisfied with the evidence provided on receipt of the application, and the adjoining landowners agree, then it will make an entry on the Register. If the adjoining landowner objects to the application on receiving notice, it is likely to be referred to the property tribunal for adjudication.
Is there a time limit for boundary disputes?
There is no limitation period specific to filing a boundary dispute in court. That said, if there is an element of adverse possession where the neighbour is claiming ownership of land within the title of adjoining property, the true owner may not be able to recover the property after 10 or 12 years of continuous adverse possession (depending on whether and when the land is registered), being the period of time after which the adverse possessor can claim the title.
How long does it typically take to resolve a boundary dispute?
This will depend on the other party’s willingness to negotiate, appetite for litigation and overall responsiveness during the course of the dispute. Matters could technically be settled within weeks or months if there is open communication and fruitful negotiations. Mediations can be arranged quickly depending on the availability of the parties and the chosen mediator. Court, on the other hand, will almost always be a long process (unless a settlement can be reached) and some boundary litigation can run into years.
What costs are involved in resolving a boundary dispute?
Boundary disputes can be costly, especially if they progress to court action/legal proceedings. Even before then, there are costs involved in instructing boundary surveyors, legal advisors or other professionals to assess the matter. There are also fees for mediation. Ideally, if both parties can agree to jointly instruct a boundary expert or split mediator fees then this can help keep costs down. By the time you get to court, there are court fees, continued legal fees including instructing a barrister to represent you as well as potential exposure for the other party’s costs if you are unsuccessful. It is difficult to put an exact figure on the costs of resolving a boundary dispute – it very much depends on how matters unfold, the length of the dispute, and if a settlement can be reached.
Summary
Disputes over where exactly a boundary lies or the ownership of a boundary feature can affect any property, including commercial land. If you are planning to replace fences, do landscaping or build new structures in the vicinity of adjoining land, then communicating adjoining landowner can help manage expectations and avoid disputes. When purchasing the land, ask your solicitor to clarify which boundary features you are responsible for according to the deeds so that you can keep on top of them. Prevention is better than cure, as boundary disputes can be costly, time-consuming and stressful. That said, sometimes they are unavoidable. If initial discussions with the neighbouring landowner fail, you should approach an experienced commercial property solicitor for advice.
