Boundary Disputes

A boundary is a line that divides two properties. It may be physical, such as a fence, wall or hedge separating two pieces of land. It may also be legal, as defined in the property’s title documents.

Establishing the boundary of your property is important because it determines the extent to which you have rights and obligations over your land. However, it is not always clear where the exact boundary lies:

Your registered title plans usually show general boundaries rather than the exact boundary line;
The extent of a boundary can change through formal or informal agreements between neighbours, or adverse possession

Boundary disputes arise when neighbours disagree as to where the boundary between their respective properties lies. A neighbour may assert ownership over a piece of land which you own or may argue that you own a physical boundary, such as a wall, which you are required to maintain.

It is important to seek legal advice at an early stage of a boundary dispute to prevent hostility between neighbours and to promote an amicable agreement.

How do I establish the exact boundary of my property?

The first step is to consider the legal boundary shown in your registered title plans. The title deeds should describe the property with sufficient clarity to enable the extent of the property to be determined and will often refer to a plan.

However, the exact line of the legal boundary is usually left unclear. It will be left undetermined unless an application is made by the property owner to the Land Registry to determine the exact boundary line. If successful, the Land Registry plan will be amended to show the accurately determined boundaries.

Determining the boundary involves a thorough examination of the neighbours’ properties, together with a detailed survey to identify the precise legal boundaries.

An application for the determination of the exact boundary line is a time-consuming and expensive process. The owners of neighbouring properties are also given an opportunity to object to the application, so it is generally only appropriate if there is an agreement between neighbours.

We can provide expert legal advice on the suitability of such an application and carry the process out on your behalf.

How should I resolve a boundary dispute?

Neighbours can create a boundary agreement to demarcate the boundary between their respective properties and/or record responsibilities for maintaining a physical boundary (for example a hedge, wall, tree or fence).

A surveyor can be instructed to examine title deeds and plans and to conduct a site visit. This will usually involve taking detailed measurements of the land to advise whether either of the neighbours have a reasonable case against the other.

A mediator can also be appointed to facilitate the agreement. The mediator is an independent third party who would be jointly instructed by both neighbours and would encourage both parties to try to resolve the dispute amicably.

We can help you reach an agreement with your neighbour by appointing a surveyor and/or mediator on your behalf, as well as providing expert legal advice about your particular case.

We’re with you, every step of the way.

We’re here to guide you through the intricacies of litigation, resolve disputes efficiently, and help you achieve your outcome.

Call 020 7963 8687

Testimonials

Our team is composed of dedicated and accomplished legal professionals, each bringing their unique expertise to the table.

          
   Mustafa Kalaycı 
 21/01/2024
 
 
  The most honest, hardworking, and fully professional law firm I have encountered or worked with. Despite speaking different languages, they effectively understand you through their interpreters, find the best advisors to assist you, and acquire the necessary information. They create a friendly, family-like atmosphere with a straightforward approach, particularly in litigation expertise. My gratitude goes to all the staff involved, especially James Naylor and Jenny Cheung, for their dedication. Thanks for everything.  Mustafa KALAYCI
  
 
       
   Pauline 
 12/09/2023
 
 
  I used Naylor Solicitors to help us purchase  our freehold. It wasn't as straightforward as we'd hoped as the previous freeholder and his solicitors were difficult to deal with (not responding to calls or emails etc,) which delayed things. At one point the freeholder threatened to pull out of the sale despite previously agreeing. Our solicitor Adam was swift in his response, reminding the other side that we had a verbal agreement and that they were risking us taking  legal action in that regard.  He was then able to make sure the sale went through as agreed.
I highly recommend Naylor Solicitors.
  
 
       
   Simon Grey 
 06/09/2022
 
 
  We found Naylors after talking to a few solicitors and they sounded the most knowledgeable. They helped us with a neighbour dispute. Dominika was fabulous throughout, and we were able to resolve a long standing issue. We would like to thank Dominika for all her help and support.
  
 
       
   Simon Hill 
 09/04/2022
 
 
  I was the main client contact of 60+ objectors on a breach of restrictive covenants case in Hertfordshire lasting several years. Naylors had been recommended by our QC and were superb throughout. We won the case convincingly. Would certainly recommend them.
  
 
       
   Farook Paracha 
 07/01/2022
 
 
  Dedicated and professional firm with the Clients interest at the forefront. Clear and unambiguous advice for a complicated legal matter expanding over several months. Naylor’s agreed to represent us  clients at a time when we had completely lost all hope from keeping our property safe from forfeiture. We couldn’t see the light at the end of the tunnel. Despite this we always felt confident and in control with the quality of advice and our legal cost. I would definitely recommend Naylor’s LLP to everyone I know. Special thanks to Dominika, Nikki & Jasper.
Regards
Farook Paracha
  
 
       
   Frazer A-F 
 23/08/2021
 
 
  We have been dealing with with Dominika Libova at Naylors for the past year on a dispute, we have been really pleased with the service she has provided. Dominika was approachable, friendly, professional and knowledgable, supporting us every step of the way. Fees were agreed in advance at every stage and where honoured, even reducing fees on a couple of occasions to meet the estimates. I would highly recommend Dominika and the Naylor's team.
  
 
       
   Yannick Schindler 
 01/06/2021
 
 
  Dominika and her firm recently secured a good outcome for me in a property dispute and I highly recommend her. Whenever I spoke with Dominika on the phone, it was very clear to me that she had considered the matter very carefully and I was impressed with her attention to detail. I particularly valued her ability to respond very quickly and pragmatically to new, and sometimes unexpected, developments during litigation. She was also very skilled at developing strategies before and during litigation to achieve desired results while keeping costs low. Dominika made the impression of being a very adept and motivated litigator and throughout the entirety of the matter I was very, very happy to have her in my corner.
  
 
       
   claire bryant 
 16/11/2020
 
 
  From start to end our experience of Naylor solicitors and Dominkia in particular, was faultless. They are a very professional firm. Dominika was incredibly knowledgeable in this specialist area we sought advice in (ROL), listened and acted upon our wishes, but also was very helpful in guiding us in taking the right course of action. Communication was always timely without any delay and she always made the time to explain matters that we needed extra clarification over. I highly recommend.
  
 
  
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