Most boundary disputes start with a party asserting a right in one form or another e.g. moving the position of a fence.

The starting point in any dispute is to establish who owns the land, the extent of the boundaries by reference to HM Land Registry and pre-registration documents with any scale plans which are in existence.

In the majority of cases, this will identify who owns the land and any rights that benefit the land.  However, there cannot be absolute certainty without an inspection of the adjoining property’s title.  Normally, title is mirrored in the other party’s title but this is not always the case.

If, from looking at the documents, it is not clear what the legal position is, then legal advice should be sought as soon as possible so as to avoid the issue getting out of control and increasing costs.

The best course of action is to obtain legal advice as soon as it is evident there is a dispute between the parties.

Our specialist, Christopher Newsam, is here to help you and guide you through the steps to be taken to bring about a resolution of the dispute.

C Newsam

MKB Solicitors LLP

July 2011