Boundary disputes - Fence wall dispute

Boundary Dispute – Fence/Wall Dispute

No matter what type of boundary dispute you see yourself faced with, Nicholson Jones Sutton Solicitors can help you.

Here at Nicholson Jones Sutton Solicitors, there isn’t much that we haven’t come across in our property litigation department.  We are often instructed on straightforward matters where neighbours are able to discuss some planned works prior to the works going ahead, and this would of course be the best way to deal with issues such as where a new fence should be put up.  However, more often than not, we are instructed where some alterations or building works have gone ahead without the other neighbour’s permission, and this is where the headache can begin.

No matter what type of boundary dispute you see yourself faced with, we can help.

The classic scenario often involves one neighbour believing that they are responsible for a fence or boundary, and they go ahead and replace an old fence or boundary with something new, only to later find out that their neighbour thought that the fence belonged to them, which can result in a dispute.

Another example of a common boundary dispute is where a neighbour decides that they want to build a new wall up their driveway, and this may cause the neighbouring property problems when they try to access their own driveway.  We often hear of neighbours arguing over small strips of land which have been taken by the erection of a new wall or fence, and whilst it may only seem like a small issue, the real problem lies with the access to their property for their car or bins.

In these types of situations, we strongly encourage that you speak with your neighbour in an amicable way wherever possible.  If you have already tried to speak with your neighbour, and if you would like us to assist in those discussions, we can help by writing to your neighbour in order to try to commence some negotiations. 

In some instances where you are able to reach an agreement with your neighbour, a boundary agreement could be drawn up in order to clearly state who is responsible for what, and where the boundary lies.  This may involve the consideration of various documents such as plans, OS Maps, Land Registry documents and Property Information Forms from previous property purchases.  We may also recommend the use of an independent surveyor who would visit the properties and assess the measurements/check the existing boundary.

If an agreement can’t be reached, you may feel that you would like to go a step further.  We would strongly recommend that both parties consider methods of dispute resolution such as mediation, arbitration or adjudication as a useful way of allowing both parties to present their version of events.

In rare circumstances, litigation may be the only option left, however we would always consider this to be a last resort given how complex and expensive it can be.

Nicholson Jones Sutton Solicitors are here to help you.  If you find yourself entangled in a boundary dispute with your neighbour and feel like you need some assistance, contact our Boundary Disputes Specialists today.


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