Boundary Disputes - tips via Weatherfield

Top tips for dealing with boundary disputes before seeing a solicitor…………

 

1. You should try to resolve the dispute amicably where possible. Boundary disputes can be very expensive and extremely stressful. 

 

2. Make sure you check your Legal Expenses Insurance. This can be part of your house insurance and these policies can be very helpful especially when it comes to costs. 

 

3. Start to collect any evidence as soon as possible. It can be very helpful to gather evidence to show the historic position of the boundary. This can be from old family photos or an ariel photo of the property. If you can find anything that shows the disputed boundary over time including the current position this can be helpful. You should try to date the photos as best you can.  

 

4. Look to find a good expert. This will not just be a local surveyor but an expert with court experience in boundary disputes. Sometimes a good expert can even resolve disputes between parties before lawyers are even involved. 

 

5. You should try to obtain the relevant deeds before registration such as the original transfer, conveyance, or lease of your land, with its original plan. The deeds may be held by your lender or the solicitor who assisted with the conveyance of the property. The Land Registry may have copies of some of these documents, but they will not be the originals. 

 

6. It is helpful to speak to family, friends, previous owners and neighbours about what they remember about the land in the past. Consider obtaining a witness statement from them as soon as possible. This evidence could be vital evidence in court.

 

Then find a litigation solicitor with a specialism in land disputes. You may be surprised that this is not something to consider earlier but the above steps will help the solicitor instructed to give an early opinion on your prospects and ultimately save time and money before you get into protracted and expensive litigation.

 

Our Emma Manifold has been involved with the storyline concerning some of these points on the cobbles of ITV’s Coronation Street.