Boundary Disputes

Boundary Disputes

Need a Solicitor to help with a Dispute over Boundary?

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

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.

 

Boundary dispute scenarios

Boundary dispute scenarios

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.

Financial agreementsIn 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.

How we can help you

  • In the property litigation department we have recently been instructed to help a client to assess whether or not there were any historical rights of way which may have prevented them from erecting a fence.
  • Our expert team were able to assist the client by checking Land Registry documents and assessing the previous conveyances and restrictive covenants.
  • In the above example, the neighbours had decided to seek legal advice prior to the planned works commencing, which would be the preferred way to deal with such matters.
  • Our ability to advise the client in this scenario meant that the neighbours could have an amicable discussion and agree where the fence could be erected, without the future worry of one of the other neighbours claiming that they had a right of way over some of the land.
  • 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.

MEET THE BOUNDARY DISPUTES TEAM

Our team has decades of combined experience in dealing with Boundary Disputes Claims. We are sympathetic, understanding, and are here to help you every step of the way.

Nicholson Jones Sutton Solicitors can usually handle Boundary Disputes Claims on a No Win No Fee basis.

If you find yourself entangled in a dispute with your neighbour and feel like you need some assistance, contact us today by telephone or email us today to discuss your claim.

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Kelly Lawson

Head of Property Litigation

Kelly graduated from her Law degree in 2006, and then completed a Masters in Health Law in 2008.  She completed her LPC in 2009 after which she immediately commenced work as a paralegal.  Kelly then qualified as a Solicitor in 2014 and has remained in practice since then.  

Kelly enjoys all aspects of litigation but she particularly enjoys representing her clients at Court wherever possible.  She can deal with all manners of civil litigation however she specialises in Property litigation, for both residential and commercial clients.  She feels her friendly approach puts her clients at ease in what can be quite often, stressful situations.  Whilst litigation is her speciality, she is always keen to negotiate the best outcome for her clients without involving the courts wherever possible. 

In her spare time, Kelly enjoys running, listening to music and walking in the local countryside with her young family and the dogs. 

Kelly Lawson
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