There are many different scenarios which can lead to a boundary dispute. It could be simply be a overhanging tree or a hedge blocking sunlight in the adjoining property. However, more complicated cases involving issues of adverse possession and acquiring easements are also common. There are also Party Wall and Rights of Way disputes
You may have a disagreement with your neighbour over where a boundary lies. It may be that there has never been a clear agreement, or because one party puts up a boundary fence or wall which the other party says repositions the boundary. Boundary disputes can potentially cost you a large amount of money in legal and expert fees. It is important therefore that you have specialised guidance from the outset.
Party wall disputes are not so much over the position of a structure on the boundary between two properties, but access to it, or its condition. The Party Walls and Structures Act 1996 lays down strict procedures as to the giving of notices, selection of surveyors and the general procedure to resolve this type of dispute.
Rights of way are rights which one party can enjoy over another's land without actually having the right of ownership of the land in any way. Our team can provide advice as to whether a right of way exists expressly or by implication. The Prescription Act 1832 provides that if a party has enjoyed a certain right over the land of another 'openly, as of right, without permission'� for 20 years or more then that right can be defeated.
We have experience in all of these matters and we would be happy to help. We provide realistic advice to you from the outset and pro-active approach to ensure that litigation is the last resort.
