Back
Get in Touch Menu

The madness of boundary disputes

21 November 2012

Boundary disputes can be a nightmare for all concerned. Those involved are often prepared to fight tooth and nail over the smallest strips of land and emotions can run high.

In the case of Acco Properties Ltd v Severn, the judge helpfully summarised some of the legal principles that will apply in resolving such disputes.

If the land is registered, the plans filed at the Land Registry will usually show only general boundaries, not exact positions. The same is true of ordnance survey plans.

The starting point in determining a boundary is what is written in the original conveyance, together with the conveyance plan. If these do not clarify matters, the next thing to look for is evidence of features (eg hedges, fences, walls, meter housings etc) that existed at the time of the conveyance, as well as subsequent user conduct.

The Acco case also emphasised the importance of bringing certainty to the boundary rather than leaving it ‘fuzzy round the edges’.

Even if the original boundary can be established, a different one may be created by means of ‘adverse possession’. This is where one party has treated part of the property as their own, contrary to the true owner’s rights, eg fencing off an area that does not belong to them.

In a dispute, the court will also look carefully at whether there are any boundary agreements in place. These may be informal and need not be in writing; in fact they are often simply verbal or implied agreements.

The Acco case was, in fact, settled on the basis of an informal agreement that had been struck at a meeting to discuss the boundary. At that point, it was understood that, in cutting down two trees, one of the parties was doing so on his own land. The boundary line was, therefore, inferred from this.

The judge in the case described litigated boundary disputes as “economic madness”. Given the uncertainties and potential cost, alternative methods of resolving disputes, such as mediation, are a very attractive and increasingly popular option.

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

Contact us

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Nick Southwell BA (Hons)
Partner
View profile
Nick Southwell, litigator at Willans LLP
Related services
Share this article
Resources to help

Related articles

Tenancy deposit claims: A complete guide for tenants

Property disputes

At Willans our experienced lawyers provide specialist advice and expertise on claims relating to tenancy deposits to help tenants with recovering compensation owed to them. In this guide we answer…

James Melvin-Bath LLB (Hons)
Senior associate, solicitor-advocate

Property misrepresentation disputes - a complete guide

Property disputes

Our experienced solicitors help homeowners to resolve property misrepresentation disputes, which usually arise after a seller misleads a buyer during a sale process. There are a number of reasons why…

Bethen Abraham LLB (Hons), LLM
Solicitor

Common issues for landlords (and how to avoid them)

Property disputes

Over recent years, more and more people have invested in residential property with a view to renting it out. Whether you become a landlord to gain a return on your…

James Melvin-Bath LLB (Hons)
Senior associate, solicitor-advocate
Contact us