When Can a Boundary Dispute Arise in Dorset?
Understanding General Boundaries on Land Registry Title Plans
Within your title documents you will likely find a title plan which shows the extent of the property you own. Generally, this is outlined in red and is a general boundary not a precise boundary.
Photo: shows the red ‘general boundary’ on Land Registry title plans.
Physical Boundaries and Neighbour Disputes
Sometimes, the physical boundary features such as a wall, hedge or fence at the property do not follow the general boundaries outlined on your title plan. These irregularities can cause disputes between neighbours, particularly where maintenance costs are necessary or replacement of the feature is required.
Adverse Possession and Boundary Disputes
Issues also arise where there are parcels of land either within or near your property boundary which you have physical control of or have incorporated the use of it into your own garden. This is known as adverse possession. Adverse Possession can give rise to neighbour boundary disputes.
Adverse possession allows an individual to claim possession of land that they have occupied continuously and uninterrupted for 10 years (for registered land) or 12 years (for unregistered land). If your claim for adverse possession is contested, this could give rise to legal proceedings.
If you believe you may have a claim for adverse possession, our solicitors have extensive experience and can offer comprehensive and specialised advice tailored to your circumstances. Contact our Property Disputes team for advice.
What To Do if You Have a Boundary Dispute With a Neighbour
Discuss the Issue With Your Neighbour
A boundary dispute court case can be lengthy and very costly to pursue. Discussing matters at an early opportunity can reduce the chances of the matter escalating to court proceedings.
Consider Mediation Before Court Proceedings
If a conversation with your neighbour is not possible or has been unsuccessful you could instruct a mediator to assist with narrowing the issues in dispute and enter into settlement discussions to reach a mutually acceptable solution.
Seek Legal Advice Before Starting a Boundary Dispute Claim
If you are unable to mediate the issue successfully, you may need to seek legal advice.
If you seek legal advice from a solicitor with a view to pursing a boundary dispute court case, it is vital that you gather as much information and evidence as possible relating to the boundary to strengthen your case.
Evidence To Gather for a Dorset Boundary Dispute
- Copies of your title documents
- If you do not hold these, a solicitor can request them from Land Registry on your behalf.
- Ordnance Survey maps
- Ordnance Survey maps do not show the legal boundaries on their maps, nevertheless they provide satellite images that offer a useful context as to the layout of the property and the historic use of the boundary.
- Statements and witness accounts
- Statement of Truth from previous owners outlining the use and ownership of the boundary in the past should be gathered.
- Witness statements from current owners may also be required.
- Old photos of the property
- Any photos relating to the boundary in dispute should be gathered, historic photos would be particularly useful to show the history of the boundary.
- Aerial photographs can be helpful to identify boundary use from an overhead view.
- Chartered Surveyor
- You may be advised to instruct a chartered surveyor to offer specialised advice and set out definitive boundary lines in respect of the boundary in dispute.
A site visit may also be required. Your solicitor may wish to visit the property to gain a practical understanding of the issues and the location of the boundary.
Practical Next Steps for Boundary Disputes in Dorset
Many boundary disputes arise due to the irregularities between the general boundary that Land Registry use, and the physical boundary that is on the ground at the property. It is important that you gather as much evidence and information relating to the boundary as possible to reinforce your case at court.
Legal Advice for Boundary Disputes in Dorset
If you are involved in a boundary dispute with a neighbour, our Civil Litigation team can provide clear, practical advice tailored to your circumstances. We have long-standing experience supporting Dorset clients with boundary disputes, evidence gathering, negotiation and, where necessary, court proceedings.
With established offices in Dorchester, Bridport, Weymouth and Portland, Nantes Solicitors provides accessible, locally informed legal advice to clients across Dorset. Contact your nearest office or call 01305 771 000 to speak with a member of our team.
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