NEWCASTLE OFFICE 0191 2322574
TEESSIDE OFFICE 01642 356500
Since 1876

It’s just not cricket!

Posted on 8th July, 2021

At long last the Summer is here, the cricket season is in full swing and boundaries are the topic of conversation. Unfortunately, however, it’s not all fours and sixes. Recently, we’ve seen a big increase in boundary disputes between adjoining landowners. This presents not only a legal challenge, but also a challenge between two parties who usually live in such close proximity to each other that an ongoing legal dispute can often lead to heightened and ongoing tensions.

Unfortunately, boundary disputes are sometimes unavoidable. Where one person thinks the boundary lies can often be misjudged and this can lead to disagreement. Title plans, whilst giving a rough indication of a boundary, do not determine the precise boundary between the respective parcels of land and therefore should not be used in isolation. Instead, the first place to look is the original title deeds. The transfer which first split the land which should hopefully define the land in reference to a plan. This is usually called the “paper boundary”.

When looking at determining the boundary in question, the courts will review whether the paper boundary is the same as the legal boundary. This can be affected by the description of the land within the deeds and also whether the boundary may have been altered by agreement or by a claim by one party that their use and occupation of the land is outside of the extent of the paper boundary.

The most sensible, and less costly, course of action in resolving any disputes would be for neighbours to simply get together and try to agree on the position of the boundary. Title Deeds, along with old family photographs showing the position of fences and hedges can often be useful in identifying the precise boundary. It is often the case, however, that one or both of the parties will be reluctant to compromise.

In these circumstances, there are some other methods which can be used to resolve the dispute. Alternative Dispute Resolution (ADR) includes a range of methods which are not as stringent or costly as court but can provide a reasoned outcome. Some useful examples of ADR in boundary disputes are Expert Determination (i.e. jointly instructing a surveyor to prepare a report with plans), Mediation, Adjudication, or referring the matter to the RICS Neighbour Disputes Service.

If none of the above methods are agreeable by the parties then the only remaining options are to refer the matter to the Court or, alternatively, to the Land Registration Division of the Property Chamber (First Tier Tribunal). These options are however a lot more expensive and time consuming for both parties.

By way of example, we are currently dealing with a dispute between two farmers which has now been referred to the Land Registration Tribunal. The Tribunal are currently in the process of reviewing statements of case from each party and will also take into consideration expert evidence from expert surveyors before determining where the boundaries lie. Both parties are batting for the boundary, but it’s just not cricket!

If you would like to speak to someone about boundary disputes, then contact me in the first instance.  Michael Sproates; E: msproates@jacksons-law.com T: 01642 356500.

Michael Sproates, Associate Solicitor

 

Most recent posts

Monthly Archive

Categories

Website ©Copyright Jacksons Law Firm 2024

The Legal 500 - Leading Firm 2019